ANNOTATED AGENDA
Antioch City Council
REGULAR MEETING
Including the Antioch City Council acting as Housing Successor to the Antioch Development Agency
Date: Tuesday, April 12, 2022
Time: 5:30 P.M. – Closed Session
7:00 P.M. – Regular Meeting
7:05 P.M. – Public Hearing-Redistricting
Place: Council Chambers
200 ‘H’ Street
Antioch, CA 94509
City Council meetings are televised live on Comcast channel 24, AT&T U-verse channel 99, or live stream (at www.antiochca.gov). Please see inside cover for detailed Speaker Rules.
PLEASE TURN OFF CELL PHONES BEFORE ENTERING COUNCIL CHAMBERS.
Lamar Thorpe, Mayor Ellie Householder, City Clerk
Michael Barbanica, Mayor Pro Tem (District 2) Lauren Posada, City Treasurer Tamisha Torres-Walker, Council Member District 1
Lori Ogorchock, Council Member District 3 Cornelius Johnson, Interim City Manager Monica E. Wilson, Council Member District 4 Thomas Lloyd Smith, City Attorney
In accordance with the Americans with Disabilities Act and California law, it is the policy of the City of Antioch to offer i ts public programs, services and meetings in a manner that is readily accessible to everyone, including individuals with disabilities. If you are a person with a disability and require information or materials in an appropriate alternative format; or if yo u require any other accommodation, please contact the ADA Coordinator at the number or address below at least 72 hours prior to the meeting or when you desire to receive services. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility. The City’s ADA Coordinator can be reached @ Phone:
(925) 779-6950, and e-mail: [email protected].
SPEAKER RULES
Welcome to a meeting of the Antioch City Council. Your attendance is appreciated. The State Ralph M. Brown Act guarantees the public's right to address the City Council, within the framework of Speaker Rules. Because agendas encompass many business items, Speaker Rules enable the meeting to be efficiently conducted and concluded at a reasonable hour.
The City Council can only take action on items that are listed on the agenda. If you wish to speak about an item not on the agenda, the "Public Comments" section of the agenda is for you. Unagendized comments are provided until no later than 7:30 p.m. when the City Council moves on to agenda items. There is another opportunity for public comments at the end of the meeting.
If you wish to speak, either during "public comments" or during an agenda item, fill out a Speaker Request Form and place in the Speaker Card Tray near the City Clerk . This will enable us to call upon you t o speak. Important: Please i dentify if the comment is for Announcement of Community Events, Public Comment, or a specific Agenda Item Number on your Speaker Request Form. No one may speak more than once on an agenda item or during "public comments." (Please see next page for additional information on public participation.)
Each speaker is l imited to not mo re than three minutes under Public Comments and three minutes on non-public hearing agenda items. During public hearings, each side is entitled to one "main presenter" who may have n ot more than 10 minutes; all other speakers during public hearing items, are entitled to a maximum of 5 minutes. These time limits may be modified depending on the number of speakers, number of items on the agenda , or circumstances. Groups who are here regarding an item may identify themselves by raising their hands at the appropriate time to show support for one of their speakers.
During certain types of hearings, the applicant is allowed to give his or her presentation first.
After all testimony is received, the applicant has an opportunity for rebuttal.
The "Consent Calendar" is a group of items which are determined to be routine. These items are usually considered all at once and approved without further discussion. If you are opposed to action wh ich is recommended for an item on the "Consent Calendar," please submit a Speaker Request Form before the meeting, and place in the Speaker Card Tray near the City Clerk. This will enable the item to be removed from the “Consent Calendar” and call on you to speak.
After having heard from the public, the agenda item will be closed. Deliberations will then be limited to members of the City Council.
If the meeting appears to be going late, the City Council may decide to continue some items until a subsequent meeting. The City Council will try to make this determination around 10:00 p.m. It is the goal to stop discussing agenda items by not later than 11:00 p.m.
The City Council meets regularly on the second and fourth Tuesdays of the month at 7:00 p.m., with Closed Sessio ns often occurring before or after the regular meeting. The City Council also holds adjourned meetings and study sessions on other days.
ANTIOCH CITY COUNCIL -1- APRIL 12, 2022
Notice of Availability of Reports
This agenda is a summary of the actions proposed to be taken by the City Council. For almost every agenda item, materials have been prepared by the City staff for the Council's consideration. These materials include staff reports which explain in detail the item before the Council and the reason for the recommendation. The materials may also include resolutions or ordinances which are proposed to be adopted. Other materials, such as maps and diagrams, may also be included. City Council Agendas, including Staff Reports are posted onto our City’s Website 72 hours before each Council Meeting. To be notified when the agenda packets are posted onto our City’s Website, simply click on this link:
https://www.antiochca.gov/notifications/ and enter your e-mail address to subscribe. To view the agenda information, click on the following link: https://www.antiochca.gov/government/agendas-and-minutes/city- council/. Questions may be directed to the staff member who prepared the staff report, or to the City Clerk's Office, who will refer you to the appropriate person.
Notice of Opportunity to Address Council
The public has the opportunity to address the Council on each agenda item. Please see the Speaker Rules on the inside cover of this Agenda for additional information on public participation.
5:30 P.M. ROLL CALL – CLOSED SESSION – for Council Members – All Present
PUBLIC COMMENTS for Closed Session – None
CLOSED SESSION:
1) CONFERENCE WITH REAL PROPERTY NEGOTIAT IONS – pursuant to California Government Code section 54956.8: Property: 4.79-acre property on Delta Fair Blvd., Antioch, CA (APN 074 -080034-7); Agency Negotiation: Cornelius Johnson, City Manager; Negotiating Parties: Christy Saxton Interim Director, Heal th, Housing and Homeless Services, Contra Costa County; Under Negotiation: Price and Terms of Payment.
Direction provided to City Manager and City Attorney
2) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant exposure to litigation pursu ant to California Government Code section 54956.9(b): One Case.
No reportable action
3) CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Police Officers’ Association, Operating Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit, Treatment Plant Employees’ Association, Antioch Public Works Association, and Antioch Police Sworn Manag ement Association.
No reportable action
ANTIOCH CITY COUNCIL -2- APRIL 12, 2022
CLOSED SESSION – Continued
4) PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY
ATTORNEY. This closed session is authorized pursuant to Government Code section 54957.
No reportable action
5:32 P.M. ADJOURNED TO CLOSED SESSION
7:08 P.M. ROLL CALL – REGULAR MEETING – for City /City Council Members acting as Housing Successor to the Antioch Development Agency – All Present
PLEDGE OF ALLEGIANCE
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
COUNCIL MEMBER WILSON REQUESTED A MOTION TO SUSPEND THE RULES AND MOVE COUNCIL REGULAR AGENDA ITEM #11 TO BE HEARD AFTER THE PROCLAMATIONS; APPROVED 5/0
7:05 p.m. PUBLIC HEARING
1. REDISTRICTING: RESOLUTION ADOPTING FINAL MAP (DRAFT MAP A – MODIFIED) Reso No. 2022/51 adopted, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council adopt the resolution with the Final Redistricting Map (“Draft Map A – Modified”) adjusting and redefining the boundaries of the City Council electoral districts of the City.
2. INTRODUCTION OF NEW CITY EMPLOYEES
3. PROCLAMATIONS
• In Honor of Autism Acceptance Month 2022
• In Honor of Earth Month 2022
• In Honor of LGBTQI+ Solidarity
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the proclamations.
ANTIOCH CITY COUNCIL -3- APRIL 12, 2022
COUNCIL REGULAR AGENDA
11. DISPLAY OF THE PRIDE PROGRESS FLAG AT CITY HALL
Reso No. 2022/52 adopted, 3/2 (Barbanica, Ogorchock)
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Acknowledging the City’s Policy for the Display of Flags at City Facilities as it relates to various flags approved by an adopted resolution of the City Council; and
2) Approving the display of the Pride Progress Flag during the period of April 12, 2022 to December 31, 2022 at City Hall.
7:49 P.M. ADJOURNED TO BREAK
7:57 P.M. RECONVENED WITH ALL COUNCIL PRESENT
4. ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS
• ANTIOCH COMMUNITY EASTER EGG HUNT – April 18, 2022
• KEEP ANTIOCH BEAUTIFUL – April 23, 2022
• RIVERTOWN ART & WINE WALK – May 7, 2022
5. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
➢ ECONOMIC DEVELOPMENT COMMISSION
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA MOSQUITO & VECTOR CONTROL BOARD OF TRUSTEES
PUBLIC COMMENTS – Members of the public may comment only on unagendized items.
The public may comment on agendized items when they come up on this Agenda.
9:01 P.M. ADJOURNED TO BREAK DURING PUBLIC COMMENTS
9:05 P.M. RECONVENED WITH ALL COUNCIL PRESENT
PUBLIC COMMENTS (Continued) – Members of the public may comment only on unagendized items. The public may comment on agendized items when they come up on this Agenda.
ANTIOCH CITY COUNCIL -4- APRIL 12, 2022
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
MAYOR’S COMMENTS
6. CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency
A. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 22, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Minutes.
B. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 8, 2022 Approved, 5/0
Recommended Action: It is recommended that the City Council approve the Minutes.
C. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR MARCH 11, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Special Meeting Minutes.
D. APPROVAL OF COUNCIL MEETING MINUTES FOR MARCH 22, 2022 Continued, 5/0
Recommended Action: It is recommended that the City Council continue the Minutes.
E. APPROVAL OF COUNCIL WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
F. APPROVAL OF HOUSING SUCCESSOR WARRANTS
Approved, 5/0
Recommended Action: It is recommended that the City Council approve the warrants.
G. APPROVAL OF TREASURER’S REPORT FOR JANUARY 2022
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the January 2022 Treasurer’s Report.
H. APPROVAL OF TREASURER’S REPORT FOR FEBRUARY 2022
Received and filed, 5/0
Recommended Action: It is recommended that the City Council receive and file the February 2022 Treasurer’s Report.
ANTIOCH CITY COUNCIL -5- APRIL 12, 2022
CONSENT CALENDAR for City /City Council Members acting as Housing Successor to the Antioch Development Agency – Continued
I. AB 361: RESOLUTION MAKING FINDINGS NECESSARY TO CONDUCT BROWN ACT
MEETINGS BY TELECONFERENCE FOR THE CITY COUNCIL, BOARDS,
COMMISSIONS, AND COMMITTEES
Reso No. 2022/53 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.
J. APPROVAL OF PURCHASE OF ONE (1) BANDIT BRUSH AND WOODCHIPPER MODEL M-12XP UTILIZING SOURCEWELL COOPERATIVE PURCHASING CONTRACT #050119-BAN WITH CAL-LINE EQUIPMENT INC.
Reso No. 2022/54 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the purchase of one (1) new 2022 Bandit Brush and Woodchipper Model M -12XP for an amount not to exceed
$65,543; and
2) Authorizing the City Manager to execute the Sourcewell Cooperative Purchasing Contract #050119-BAN with Cal-Line Equipment Inc. for the purchase of the equipment.
K. THIRD AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING RELATED TO
THE GROUNDWATER SUSTAINABILITY PLAN FOR THE EAST CONTRA COSTA COUNTY PORTION OF THE TRACY SUBBASIN (P.W. 704-3)
Reso No. 2022/55 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution approving the third amendment of the Memorandum of
Understanding related to the Groundwater Sustainability Plan for the East Contra Costa County Portion of the Tracy Subbasin.
ANTIOCH CITY COUNCIL -6- APRIL 12, 2022
PUBLIC HEARING
7. FORMATION OF THE PROPOSED CITY OF ANTIOCH COMMUNITY FACILITIES DISTRICT NO. 2022-01 (PUBLIC SERVICES) FOR LAUREL RANCH SUBDIVISION (P.W. 698) (Continued from March 22, 2022)
Recommended Action: It is recommended that the City Council take the following actions:
1) Continue the public hearing and request that the City Clerk open the Special Election Ballot from the sole property owner and publicly read the results of the election;
Reso No. 2022/56 adopted, 5/0
2) Adopt the Resolution Declaring Results of Special Landowner Election and Directing Recording of Notice of Special Tax Lien; and
To April 26, 2022, for adoption, 5/0
3) Introduce, waive the first reading, and read by title only, the Ordinance Levying Special Taxes within the City of Antioch Community Facilities District No. 2022-01 (Public Services).
8. STRATEGIC INFILL HOUSING STUDY
A. Recommended Action: It is recommended that the City Council:
Reso No. 2022/57 adopted, 5/0
1) Adopt the Resolution approving the addendum to the 2003 General Plan Environmental Impact Report.
Reso No. 2022/58 adopted, 5/0
2) Adopt the Resolution approving General Plan Amendment (GP-22-01) establishing Commercial In -Fill Housing
Policies in the Land Use Element.
Reso No. 2022/59 adopted, 5/0
3) Adopt the Resolution approving the project’s Objective Design Standards.
ANTIOCH CITY COUNCIL -7- APRIL 12, 2022
B. Recommended Action: It is recommended that the City Council introduce, waive the first reading, and read by title only the ordinance for the following:
To April 26, 2022, for adoption, 5/0
1) Zoning Map Amendments. Rezone ten (10) sites to
include a “Commercial Infill Housing (CIH) Overlay District” designation, zoning map amendment (Z-22-01).
To April 26, 2022, for adoption, 5/0
2) Zoning Text Amendments. Zoning text amendment
Sections 9 -5.203 “Definitions,” 9 -5.301 “Districts
Established and Defined,” 9 -5.3801 “Summary of Zoning
Districts,” 9-5.3808 “Table of Land Use Regulations,” and 9-5.601 “Height, Area & Setback Regulations for Primary Structure.”
COUNCIL REGULAR AGENDA
9. AMERICAN RESCUE PLAN ACT FUNDING
Reso No. 2022/60 adopted, 5/0
Recommended Action: It is recommended that the City Council provide feedback and direction regarding the allocation of American Rescue Plan Act funding received by the City of Antioch and adopt a resolution authorizing the necessary Fiscal Year 2022 and 20 23 budget amendments for expenditures approved at the April 12, 2022, meeting.
10. DISCUSSION ITEM: ANTIOCH POLICE OVERSIGHT COMMISSION – SUMMARY OF
CONTENT FOR A DRAFT ORDINANCE
Direction provided to staff to prepare Ordinance and
identify Police Crime Prevention Commission duties
Recommended Action: It is recommended that the City Council:
1) Determine whether to direct staff to prepare an ordinance forming the Antioch Police Oversight Commission; and
2) If so, advise staff whether to rename the Police Crime Prevention Commission, by designating it as a board or
committee, or to make any other modifications to it.
ANTIOCH CITY COUNCIL -8- APRIL 12, 2022
COUNCIL REGULAR AGENDA – Continued
COUNCIL MEMBER WILSON HAD REQUESTED A MOTION TO SUSPEND THE RULES AND MOVED COUNCIL REGULAR AGENDA ITEM #11 TO BE HEARD AFTER THE PROCLAMATIONS; APPROVED 5/0
12. SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH AND THE TREATMENT PLANT EMPLOYEES’ ASSOCIATION SALARY ADJUSTMENTS FROM THE TOTAL
COMPENSATION STUDY FINAL REPORT
Reso No. 2022/61 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the Side Letter Agreement between the City of Antioch and the Treatment Plant Employees Association for Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021, Appendix IV: Salary Range Placement Recommendations;
2) Authorize the City Manager or designee to execute the Side Letter Agreement between the City of Antioch and Treatment Plant Employees Association; and
3) Authorize the City Manager or designee to make any
necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.
13. TENTATIVE AGREEMENTS BETWEEN THE CITY OF ANTIOCH AND THE ANTIOCH POLICE OFFICERS ASSOCIATION (APOA) FOR THE PERIOD OF SEPTEMBER 1, 2021 – AUGUST 31, 2025
Reso No. 2022/62 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving the Tentative Agreements between the City of Antioch and the Antioch Police Officers Association (APOA); and
2) Authorize the City Manager or designee to make any
necessary adjustments to the Fiscal Year 2021/22 and
2022/23 budgets to implement the provisions of the Tentative Agreements.
ANTIOCH CITY COUNCIL -9- APRIL 12, 2022
COUNCIL REGULAR AGENDA – Continued
14. RESOLUTION APPROVING CLASS SPECIFICATION UPDATES FOR ASSISTANT CITY
ATTORNEY AND ASSIGNING AN UPDATED SALARY RANGE
Reso No. 2022/63 adopted, 5/0
Recommended Action: It is recommended that the City Council adopt a resolution:
1) Approving updates for the Assistant City Attorney class specification;
2) Assigning an updated salary range to the Assistant City Attorney class specification; and
3) Authorize the City Manager or designee to make any
necessary adjustments to the Fiscal Year 2021/22 and
2022/23 budgets to implement the updated salary range.
PUBLIC COMMENT
STAFF COMMUNICATIONS
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS – Council Members report out various activities and any Council Member may place an item for discussion and direction on a future agenda. Timing determined by Mayor and City Manager – no longer than 6 months.
MOTION TO ADJOURN – After Council Communications and Future Agenda Items, the Mayor will make a motion to adjourn the meeting. A second of the motion is required, and then a majority vote is required to adjourn the meeting.
Motioned to adjourn meeting at 11:31 p.m., 5/0
2 Agenda #
INTRODUCTION OF NEW CITY EMPLOYEES
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nickie Mastay, Administrative Services Director ➢ Finance Director Dawn Merchant would like to introduce:
▪ Anthony Garcia, Customer Service Representative
t0
IN HONOR OF
AUTISM ACCEPTANCE MONTH 2022
WHEREAS, in 1970, the Autism Society of America launched an ongoing National effort to promote autism awareness and to assure that all autistic people are able to achieve the highest quality of life possible;
WHEREAS, the month of April is Autism Acceptance Month and is an opportunity to “celebrate the unique perspectives of those living with ASD;”
WHEREAS, autism acceptance means respecting the rights and humanity of all autistic people, centering the perspectives and needs of autistic people with intellectual disabilities, nonspeaking autistic people, and autistic people with the highest support needs;
WHEREAS, autism acceptance also means fighting to ensure that the universal human rights of all autistic people are respected; and
WHEREAS, acceptance is something the global population has been and continues to struggle with, but engaging in conversation and learning about one another’s perspectives, we can individually become accepting.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby proclaim the month of April is AUTISM ACCEPTANCE MONTH and includes observances to highlight the increasing number of individuals identified with Autism Spectrum Disorder and the impacts on families and support services.
APRIL 12, 2022
_________________________________
LAMAR A. THORPE, Mayor
3.01 04-12-22
IN HONOR OF
EARTH MONTH 2022
WHEREAS, all people, regardless of race, gender, income, or geography, have a right to a healthy, sustainable environment with economic growth and opportunity;
WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the earth’s beauty and resources;
WHEREAS, the City of Antioch supports this collaborative effort of bringing awareness and local action to the pivotal issues facing our planet – because when we reduce our impact by conserving resources and investing in local solutions, everybody benefits;
WHEREAS, Keep Antioch Beautiful Day educates and inspires people to create a cleaner environment through community engagement and the positive power of teamwork, illustrating what we can do when we come together and recognizes Earth Month;
WHEREAS, the Cleaner Contra Costa Challenge advances community goals for health, safety, economic vitality, energy independence, and quality of life by inspiring citizens to support each other’s efforts and work to reduce greenhouse gas emissions in an effort to create cleaner, healthier, and more vibrant communities for all; and
WHEREAS, Sustainable Leaders in Action, a county-wide group of high school and college students, pursue a cleaner planet for everyone and encourages others to act for a cleaner future.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch hereby recognize April 2022 as EARTH MONTH and April 23, 2022, as KEEP ANTIOCH BEAUTIFUL DAY.
BE IT FURTHER RESOLVED that residents are encouraged to volunteer to beautifying the City of Antioch and track their actions taken to combat climate change and environmental degradation, support green economy initiatives, and to encourage others to undertake similar actions on cleanercontracosta.org.
APRIL 12, 2022
_________________________________
LAMAR A. THORPE, Mayor 3.02
04-12-22
IN HONOR OF
LGBTQI+ SOLIDARITY
WHEREAS, the City of Antioch embraces diversity and stands firmly against any form of discrimination and hate based on sexual orientation or gender identity and expression;
WHEREAS, the City of Antioch values the uniqueness of our residents and stands with the youth, and their families, who deserve to be who they are, treated with dignity, and to receive equal treatment and protection;
WHEREAS, discrimination against the transgender community is not based in science and is intended to sow division and instill animosity toward our fellow Americans; and
WHEREAS, the City condemns any attack on the transgender community and reaffirms our commitment to being an inclusive environment;
WHEREAS, the Progress Pride flag was designed by Daniel Quasar who adapted the original Pride flag of the rainbow and represents a concerted move towards a more tolerant and intersectional LGBTQI+ community; and
WHEREAS, the black and brown lines of the Progress Pride flag represent marginalized people of color within the queer community, while the pink, blue and white arrow shape represents the transgender community.
NOW, THEREFORE, I, LAMAR A. THORPE, Mayor of the City of Antioch, hereby condemn violence against the transgender and nonbinary community in all forms and commit to advocating for the well-being and safety of the transgender and nonbinary community.
APRIL 12, 2022
_________________________________
LAMAR A. THORPE, Mayor
3.03 04-12-22
#4
BOARDS / COMMISSION / COMMITTEE
VACANCY ANNOUNCEMENTS
Your interest and desire to serve our community is appreciated.
The City of Antioch encourages residents to become involved in their local community. One way to do so is to serve on various commissions, boards and committees. Any interested resident is encouraged to apply for the vacancy listed below. To be considered for these volunteer positions, a completed application must be received in the Office of the City Clerk by 5:00 p.m., on April 27, 2022. Applications are available at https://www.antiochca.gov/#. ➢ ECONOMIC DEVELOPMENT COMMISSION
➢ SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
➢ CONTRA COSTA COUNTY MOSQUITO & VECTOR
CONTROL BOARD OF TRUSTEES
#5
▪ The EDC's function is to address economic development issues within the City and make recommendations to the City Council and staff regarding policies, regulations, marketing, development strategies and planning activities designed to enhance the City's economic base and create quality jobs.
▪ Seven-member board – 4 year terms. At least five members shall be Antioch residents/electors.
Non-resident members shall own or operate a business in the City. The Antioch Chamber of Commence shall recommend one member.
▪ Regular meetings are held at 7:00 p.m. on the first Tuesday in the months of February, April, June, September, October and December, the third Tuesday in July, and on the first Tuesday on an as- needed basis only during the months of March, May, and November. No meetings are held during January or August.
▪ Members of the Economic Development Commission are subject to The Brown Act open meeting law and are required to file an annual Statement of Economic Interest (FPPC Form 700). ▪ Commissioners must take the 2-hour AB1234 Ethics Training within one year of appointment and every two years thereafter. There is no cost to this online AB1234 Ethics Training provided by the Fair Political Practices Commission.
▪ Newly appointed and reappointed commissioners are required to take an Oath of Office administered by the City Clerk.
ECONOMIC DEVELOPMENT COMMISSION
(EXTENDED Deadline date: 04/27/2022)
The Antioch Chamber of Commerce shall recommend one member
SALES TAX CITIZENS’ OVERSIGHT COMMITTEE
(EXTENDED Deadline date: 04/27/2022)
Four (4) Committee Members, full-term vacancies, expiring March 2026 ▪ A Sales T ax Citizens’ Oversight Committee has been established following the voters passing Ballot Measure C – Transaction and Use (Sales) T ax. This passed at the November 5, 2013 Consolidated Election. At the November 6, 2018 Consolidated Election, the voters passed Ballot Measure W – Transaction and Use (Sales) T ax.
▪ Each year, an independent auditor shall complete a public audit report of the revenue raised and its expenditure. The Sales T axCitizens’ Oversight Committee shall review the expenditures and report publicly how the funds are being used to address the City Council’s stated priorities of maintaining Antioch’s fiscal stability, police patrols, 911 emergency response, youth violence prevention programs; ensuring water quality/safety; repairing streets; cleaning up parks/illegal dumping; restoring youth afterschool/summer programs; and other essential services. The Committee’s review shall be completed in conjunction with the City’s budget process. The Committee’s report on its review, whether oral or written, shall be considered by the City Council at a public meeting before April 1 of each year. Any written report shall be a matter of public record.
▪ The Committee shall meet at least twice a year. The meetings will be public. ▪ The Sales T ax Citizens’ Oversight Committee consists of seven members who are Antioch residents. At least one member of the Committee shall have a financial, accounting or auditing background. The Committee will be nominated by the Mayor and approved by the City Council. ▪ Members of the Sales T ax Citizens’ Oversight Committee will be required to file an annual "Statement of Economic Interest".
CONTRA COSTA MOSQUITO & VECTOR CONTROL
BOARD OF TRUSTEES
(Deadline date: 04/27/2022)
One (1) Antioch Citizen Representative Vacancy
▪ The Antioch City Council is seeking candidates for its representative to the Contra Costa Mosquito & Vector Control Board of Trustees.
▪ The Board of Trustees are officials appointed by their respective City Councils to govern the Mosquito and Vector Control District knowledgeably and effectively. They serve for a term of two to four years and are highly dedicated to this community service.
▪ Must be an Antioch resident and at least the voting age of 18 with an interest in any of the foIIowing areas: public health, public policy, wetlands, farming, community education, finance, personnel or land development, and a resident of the city which is in the District (California Health & Safety Code, Section 2242) ▪ The regular business meetings are held on the second Monday night of every other month. All meetings are currently conducted via Zoom in accordance with Government Code section 54935E.
▪ Additional information regarding the responsibilities and duties are available online at www.ContraCostaMosquito.com
CITY COUNCIL MEETING
Special/Regular Meeting February 22, 2022
6:00 P.M. Council Chambers
4:30 P.M. - CLOSED SESSION
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION – pursuant to California Government Code section 54956.9: Philadelphia Indemnity Insurance Company v. City of Antioch et al. Contra Costa County Superior Court Case No. Case No. MSC18-00327.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATONS – pursuant to California Government Code section 54956.8: Property: Antioch Community Center Rooms 125, 126, and 127 (consisting of 474 square feet of office space) located at 4703 Lone Tree Way, Antioch CA 94531; Agency Negotiation: Cornelius Johnson, City Manager, and Thomas Lloyd Smith, City Attorney; Negotiating Parties: Jerry McNerney, United States Congressman; Under Negotiation: Price and Terms of Payment.
3. CONFERENCE WITH LABOR NEGOTIATORS – pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Police Officers’ Association, Operating Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit, and Treatment Plant Employees’ Association.
4. PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY. This closed session is authorized pursuant to Government Code section 54957.
PUBLIC COMMENTS
Stephen Griswold, on behalf of Congressman McNerney, read a letter in support of the proposal to relocate his office to an adjacent office space within the Antioch Community Center.
ADJOURNED TO CLOSED SESSION
Council adjourned to Closed Session at 4:33 P.M.
6:00 P.M. SPECIAL MEETING/STUDY SESSION
Mayor Thorpe called the Special Meeting/Study Session to order at 6:00 P.M., and City Clerk Householder called the roll.
Present: Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
A
04-12-22
ANTIOCH CITY COUNCIL
Special/Regular Meeting
February 22, 2022 Page 2 of 14
SM-1. REDISTRICTING: RECEIPT OF PUBLIC INPUT AND SELECTION OF FINAL MAP
Mayor Thorpe announced in English and Spanish , that translation services were available this evening.
City Attorney Smith introduced Karin Mac Donald and Jane Hood, Q2 Data & Research LLC, who presented the draft maps and staff report dated February 22, 2022, recommending the City Council receive public comment and select the final redistricting map redefining the boundaries of all City Council electoral districts of the City.
Mark Jordan, Antioch resident, requested minutes of previous meetings be posted online. He stated Council voted and it was announced that maps B and 91 were the finalist. He expressed concern those maps failed to advance, and Mayor Thorpe decided to begin the process again without a vote of the Council. He discussed the requirements of A ssembly Bill 849 and noted currently the city was violating their own rules by walking away from what they voted for and not voting as to whether they wanted to do so. He further noted if they wanted to do so, they should go back to the beginning of the process.
Sandy Hartrick, Antioch resident, spoke in opposition to the City Council choosing redistricting draft map A.
William Chapman, Antioch resident, spoke in support of boundaries that were definable and preserved communities of interest.
Mary Chapman, Antioch resident, spoke in support of boundaries th at were definable and that did not favor a political candidate.
Tom Hartrick, Antioch resident, spoke in support of a redistricting process that complied with the Fair Maps Act and Voting Rights Act.
Lindsay Amezcua spoke in support of a redistricting process that complied with the Fair Maps Act.
Alicia Taylor, Mary Rocha, Antioch resident, Gretchen Egen, Dave Vazquez and Phillip Lubina, spoke in support of the City Council selecting draft map 91, as the final redistricting map.
Harry Thurston, Francisco Torres representing ACCE and Micha Morris -Silveira spoke in support of the City Council selecting draft map A, as the final redistricting map.
Kaelen Perrochet, California Common Cause Regional Redistricting Advoca te, discussed the importance of the City complying with all aspects of the Fair Maps Act particularly the provision to respect and preserve communities of interest.
In response to Mayor Thorpe, City Attorney Smith confirmed the redistricting process needed to be completed in April.
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Special/Regular Meeting
February 22, 2022 Page 3 of 14
Mayor Thorpe commented the process would continue and include public participation.
A motion made by Councilmember Ogorchock , seconded by Councilmember Barbanica to accept draft redistricting map 91 failed by the following vote:
Ayes: Ogorchock, Barbanica Noes: Torres-Walker, Wilson, Thorpe
Mayor Thorpe and Councilmember Torres -Walker requested Ms. Hood ma ke several modifications to draft redistricting map A.
In response to Councilmember Barbanica, Ms. Hood displayed draft redistricting maps 516 and 521, and noted the difference between them was a zero-population block along Highway 4.
A motion made by Councilmember Barbanica, seconded by Councilmember Ogorchock to accept draft redistricting map 521 failed by the following vote:
Ayes: Ogorchock, Barbanica Noes: Torres-Walker, Wilson, Thorpe
Mayor Thorpe requested staff bring back draft redistricting map 521 and modified draft redistricting map A, to a Study Session on March 8, 2022.
ADJOURNED SPECIAL MEETING/STUDY SESSION
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council unanimously adjourned the Special meeting/Study Session at 7:01 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the mee ting to order at 7:0 2 P.M., and City Clerk Householder called the roll.
Present: Council Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported the City Council had been in Closed Session and gave the following report: #1 CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION, no reportable action, #2 CONFERENCE WITH REAL PROPERTY NEGOTIATORS, no reportable action, #3 CONFERENCE WITH LABOR NEGOTIATORS , no reportable action ; and, #4 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: CITY ATTORNEY , direction given to Administrative Services Director Mastay.
ANTIOCH CITY COUNCIL
Special/Regular Meeting
February 22, 2022 Page 4 of 14
1. PROCLAMATIONS
California State Parent Teacher Association Day Local District 32nd PTA, February 17, 2022
The National Association of Women in Construction (NAWIC) “Women in Construction Week”, March 6 – 12, 2022
American Red Cross Month, March 2022
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council unanimously approved the proclamations.
Velma Wilson and Matthew accepted and thanked the City Council for the California State Parent Teacher Association Day Local District 32nd PTA, February 17, 2022, proclamation.
ON MOTION BY COUNCILMEMBER OGORCHOCK, SECONDED BY COUNCILMEMBER
BARBANICA THE CITY COUNCIL UNANIMOUSLY SUSPENDED THE RULES AND MOVED COUNCIL REGULAR ITEM #10 TO BE HEARD PRIOR TO ITEM #9.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS – None
PUBLIC COMMENTS
Mayor Thorpe announced that this public comment period was for items not on the agenda.
Alicia Taylor requested Council agendize consideration of increasing Antioch Police Officer staffing.
Diane Robinson , Antioch resident, speaking on behalf of memb ers of the Antioch Senior Citizens’ Club, expressed concern regarding the agenda of the Board Members and requested the city assist in oversight of their Club.
Micha Morris-Silveira spoke in support of installing speed bumps and landscaping improvements to minimize illegal activity and improve the appearance of the community.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker reported on activities of the Community Violence Solutions Ad Hoc Committee.
Councilmember Wilson reported on her attendance at D elta Diablo and announced T ri Delta would be meeting on February 23, 2022.
MAYOR’S COMMENTS
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Special/Regular Meeting
February 22, 2022 Page 5 of 14
Mayor Thorpe congratulated Councilmember Wilson for being appointed Chair of the Sanitation District.
2. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 25, 2022
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 4, 2022
C. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 8, 2022
D. APPROVAL OF COUNCIL WARRANTS
E. APPROVAL OF TREASURER’S REPORT FOR DECEMBER 2021
F. REJECTION OF CLAIMS: BREANNA BUTSON; ANNE HANCOCK; RYAN KATZ;
AND BRIAN LIM
G. ORDINANCE NO. 2205 -C-S SECOND READING – ORDINANCE AMENDMENT TO TITLE 4: PUBLIC SAFETY, CHAPTER 2: DISASTER CO UNCIL OF THE ANTIOCH
MUNICIPAL CODE REGARDING COMPLIANCE WITH THE CALIFORNIA EMERGENCY SERVICES ACT (Introduced on 02/08/2022)
H. RESOLUTION NO. 2022/ 27 APPROVING A THIRD AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT WITH 4LEAF, INC. TO PROVIDE SUPPORT
TO THE BUILDING INSPECTION SERVICES DIVISION OF THE COMMUNITY
DEVELOPMENT DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO
ENTER INTO THE AGREEMENT
I. RESOLUTION NO. 2022/ 28 USE AGREEMENT WITH CONGRESSMAN MCNERNEY’S OFFICE FOR OFFICE SPACE AT THE ANTIOCH COMMUNITY CENTER
J. RESOLUTION NO. 2022/ 29 AUTHORIZATION TO RESPONSE TO GRAND JURY REPORT NO. 2106 “911 MENTAL HEALTH CRISIS RESPONSE: A NEW WAY TO PROTECT AND TO SERVE”
K. RESOLUTION NO. 2022/ 30 APPROVAL OF PURCHASE OF SEVEN (7) NEW -TO-
FLEET CO DE ENFORCEMENT VEHICLES UTILIZING STATE OF CALIFORNIA COOPERATIVE PURCHASING AGREEMENT CONTRACT NO. 1 -18-23-23A WITH
DOWNTOWN FORD SACRAMENTO, CALIFORNIA
L. RESOLUTION NO. 2022/ 31 ACCEPTING COMPLETED IMPROVEMENTS AND RELEASE OF BONDS FOR NELSON RANCH PHAS E 1, TRACT 6893, OFF -TRACT WILD HORSE ROAD IMPROVEMENTS (P.W. 547-1)
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Special/Regular Meeting
February 22, 2022 Page 6 of 14
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson, the City Council unanimously approved the Council Consent Calendar.
PUBLIC HEARING
3. TRANSITIONAL HOUSING ZONING OVERLAY DISTRICT ORDINANCE
AMENDMENT AND ZONING MAP AMENDMENT
Director of Community Development Ebbs presented the staff report dated February 22, 2022, recommending the City Council introduce, waive the first reading, and read by title only, the ordinance amending Title 9: Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) to: 1) Create a Transitional Housing Overlay District; and 2) Amend the zoning of the parcels at 515 E. 18th Street (APN 065 -143-018, 19) to include the Transitional Hou sing Zoning Overlay District.
Mayor Thorpe opened the public hearing.
Andrew Becker reviewed the transitional housing information sent to Council. He expressed concern that the city chose only one zone for transitional housing.
Mayor Thorpe closed the public hearing.
In response to Council, Director of Community Development Ebbs commented that a new housing element would address all state laws including those regarding transitional housing. He noted state laws would not affect a property located in a commercial zone. He reported this item was properly noticed and they had not heard from anyone specifically regarding the creation of the Overlay District.
Mayor Thorpe reported the city held t wo public forums with representatives from Rocketship Delta Prep and staff had been in constant communication with them.
Assistant City Manager Bayon Moore added when the agenda was posted, staff sent the parent group of Rocketship a reminder that the hearing was taking place this evening and if they had any questions or concerns, they were welcome to attend or bring them to the attention of staff or Council.
A motion was made by Councilmember Ogorchock and seconded by Councilmember Wilson to introduce, waive the first reading, and read by title only, the ordinance amending Title 9: Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) to: 1) Create a Transitional Housing Overlay District; and 2) Amend the zoning of the parcels at 515 E. 18th Street (APN 065-143-018, 19) to include the Transitional Housing Zoning Overlay District.
Speaking to the motion, Councilmember Barbanica reported the Ad Hoc Committee met with individuals from Rocketship and he had spoken to residents in the area . He stated it was his belief that this project was harmful to the local community.
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Councilmember Wilson spoke in support of approving the Transitional Housing Overlay District.
Councilmember Torres-Walker stated she would support the motion; however, she believed the overlay should be expanded citywide.
Councilmember Barbanica discussed the actions Council ha d taken to assist the unhoused population and noted his concern was only for the location of the potential project.
Councilmember Ogorchock withdrew her previous motion.
Mayor Thorpe commented that in the past the City felt that this was a County issue; however, they had since recognized the importance of creating the infrastructure locally.
On motion by Councilmember Wilson, seconded by Councilmember Torres -Walker the Ci ty Council introduced, waived the first reading, and read by title only, the ordinance amending Title 9: Chapter 5 of the Antioch Municipal Code (Zoning Ordinance) to: 1) Create a Transitional Housing Overlay District; and 2) Amend the zoning of the parce ls at 515 E. 18th Street (APN 065-143-018, 19) to include the Transitional Housing Zoning Overlay District. The motion carried the following vote:
Ayes Torres-Walker, Wilson, Thorpe Noes: Ogorchock, Barbanica
4. NATURAL SUPPLEMENTS CANNABIS FACILITY (UP-20-01, AR-20-01)
Associate Planner Cortez presented the staff report dated February 22, 2022, recommending the City Council take the following actions: 1) Adopt the resolution approving the Natural Supplements Initial Study/Mitigated Negative Declaration (IS/MND) and adopting the Mitigation Monitoring and Reporting Program (MMRP); and 2) Adopt the resolution approving a Use Permit, and Design Review (UP -20-01, AR-20-01) for a cannabis operations facility, subject to conditions of approval.
Mayor Thorpe opened the public hearing.
Brett Jolley, Land Use Counsel for Natural Supplements, thanked staff for helping them through the process. He gave an overview of the project and requested Council grant the approvals requested this evening.
In response to Councilmember Wilson, City Attorney Smith stated that the Operating Agreement for this project would be reviewed by the Cannabis Committee prior to coming to Council for approval.
In response to Councilmember Barbanica, Interim Chief Morefield stated the Antioch Police Department had no concerns regarding this project and the applicant had met all requirements.
In response to Councilmember Ogorchock, Mr. Jolley reviewed their security plan.
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Special/Regular Meeting
February 22, 2022 Page 8 of 14
City Attorney Smith explained the applicant would bring their model for the social equity program to the Cannabis Committee who would determine the final approved model that would come before Council.
RESOLUTION NO. 2022/32
On motion by Councilmember Wilson, seconded by Councilmember Torres -Walker the City Council a dopted the resolution approving the Natural Supplements Initial Study/Mitigated Negative Declaration (IS/MND) and adopting the Mitigation Monitoring and Reporting Program (MMRP). The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Barbanica, Thorpe Noes: Ogorchock
RESOLUTION NO. 2022/33
On motion by Councilmember Wilson, seconded by Councilmember Torres -Walker the City Council adopted the resolution approving a Use Permit, and Design Review (UP-20-01, AR-20- 01) for a cannabis operations facility, subject to conditions of approval.
Ayes: Torres-Walker, Wilson, Barbanica, Thorpe Noes: Ogorchock
5. PROPOSED ORDINANCE AMENDING SECTION 9 -5.3843 E OF THE ANTIOCH
MUNICIPAL CODE TO MODIFY THE DISTANCE BETWEEN NEW TOBACCO
BUSINESSES AND SPECIFIED USES AND TO CLARIFY THE LIMIT ON NEW
TOBACCO RETAILERS
City Attorney Smith presented the staff report dated February 22, 2022, recommending the City Council introduce, waive the first reading, and read by title only, the proposed amendment to the City’s Municipal Code. The proposed amendment would: 1) Require new tobacco businesses to be at least 1,000 feet from schools and similar uses. 2) Clarify the City’s existing ban on new tobacco retailers.
Mayor Thorpe opened and closed the public hearing with no members of the public requesting to speak.
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously introduced, waived the first reading, and read by title only, the proposed amendment to the City’s Municipal Code. The proposed amendment would: 1) Require new tobacco businesses to be at least 1,000 feet from schools and similar uses. 2) Clarify the City’s existing ban on new tobacco retailers.
6. PROPOSED ORDINANCE AMENDING SECTION 6 -8.02 OF THE ANTIOCH
MUNICIPAL CODE TO ADD THE DEFINITIONS OF CHARACTERIZ ING FLAVOR,
CIGAR, AND LITTLE CIGAR (INCLUDING CIGARILLO) AND AMENDING SECTION 6-8.14 BOTH TO RESTRICT TOBACCO RETAILERS OR BUSINESSES FROM
SELLING OR PROVIDING TOBACCO WITH CHARACTERIZING FLAVOR, SELLING
ANTIOCH CITY COUNCIL
Special/Regular Meeting
February 22, 2022 Page 9 of 14
OR PROVIDING ELECTRONIC CIGARETTES OR E -CIGARETTES, AND TO
REGULATE THE SIZE AND PRICE OF SPECIFIED PACKAGES OF CIGARETTES,
LITTLE CIGARS, AND CIGARS
Outside Legal Counsel Ziegler presented the staff report dated February 22, 2022, recommending the City Council introduce, waive the first reading, and read by title only, the proposed amendment to the Antioch Municipal Code. The proposed amendment would: 1) Add the definition of “characterizing flavor”. 2) Prohibit the sale of tobacco or tobacco products with characterizing flavor. 3) Prohibit a tobacco ret ailer or business from selling, offering for sale, possessing with the intent to sell, offer in exchange for any form of consideration, or provide at no cost any electronic cigarette or e -cigarette for use with tobacco or tobacco products. 4) Add the defin itions of “cigars” and “little cigars,” with the latter including cigarillos. 5) Prohibit a tobacco retailer or business from selling, offering for sale, possessing with the intent to sell, offering in exchange for any form of consideration, or providing a t no cost: a. Any package of fewer than twenty little cigars. b. Any package of fewer than six cigars. c. Any package of cigarettes, little cigars or cigars at a price that is less than ten dollars per package, including applicable fees and taxes.
Mayor Thorpe opened the public hearing.
Kenneth Arialis opposed the proposed draft ordinance as written.
Jaime Rojas, Outreach Coordinator National Association Tobacco Outlets, Eldon Price, Antioch retailer and Claudia Martinez, opposed the proposed draft ordinance as written. They requested the city delay this item and wait for the November referendum on a state-wide flavor ban.
Mayor Thorpe closed the public hearing.
Councilmember Barbanica stated he believed an overall ban was overreach especially since the city allowed cannabis sales to adults. He also felt it would be unfair to businesses.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council introduced, waived the first reading, and read by title only, the proposed amendment to the Antioch Municipal Code. The motion carried the following vote:
Ayes: Ogorchock, Wilson, Thorpe Noes: Torres-Walker, Barbanica
COUNCIL REGULAR AGENDA
7. UNHOUSED RESIDENT SERV ICES – OVERVIEW OF STATE OF CALIFORNIA
HOMEKEY FINANCING
Assistant City Manager Bayon Moore presented the staff report dated February 22, 2022, recommending the City Council discuss and provide staff direction regarding the potential pursuit of Homekey financing opportunities.
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Special/Regular Meeting
February 22, 2022 Page 10 of 14
Jeree Glasser -Hedrick, Focus Strategies, gave a State of California Homekey Financing PowerPoint presentation.
Lindsay Ame zcua expressed concern that the city focus ed on the E xecutive Inn site for a Homekey project and suggested they consider other opportunities.
Andrew Becker, Here Today Home Tomorrow/California Modular, discussed Homekey funding and noted there were still opportunities. He explained their Homekey development in Rohnert Park.
Lacey Brown expressed concern that the city focused on the Executive Inn site and suggested reaching out to stakeholders to discuss project options.
Frank Sterling requested the city consider all options for a Homekey Project.
Councilmember Ogorchock stated she did not believe thirty-two rooms at the Executive Inn was sufficient for this type of project . She suggested the City partner with the C ounty for a project on Delta Fair Blvd.
Assistant City Manager Bayon Moore explained the long-term and interim plans for the Delta Fair property
Councilmember Barbanica stated he believed applying for money specifically for the use of the Executive Inn was not the best use of funding since there were other options.
Mayor Thorpe responded that the process of leasing the Executive Inn was independent of this item.
Councilmember Torres -Walker reported she had been in discussions wit h stakeholders regarding funding opportunities and she supported looking at all options for Homekey funding.
Councilmember Wilson suggested the city look into funding from Proposition 63 for wraparound services.
Assistant City Manager Bayon Moore stated all opportunities being considered contemplated wrapround services.
Mayor Thorpe spoke in support of considering all options including the Executive Inn property.
Assistant City Manager Bayon Moore commented the deliverables associated with the application were considerable so choosing a site to pursue was important to meeting the deadline for applications.
Ms. Glasser-Hedrick explained considerations for identifying potential sites.
Councilmember Ogorchock stated the city needed a developer partner for any option and suggested looking at property to develop a modular or similar type project.
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February 22, 2022 Page 11 of 14
Councilmember Barbanica voiced his support for funding a project within Antioch. He reiterated that he did not support the Executive Inn project. He explained that he had previously objected to a project on Delta Fair Blvd. because he was eliminated from the discussion regarding that development within his district.
In response to Mayor Thorpe, Councilmember Barbanica stated he would be agreeable to considering a project within his district.
Councilmember Torres-Walker stated Council agreed that unhoused residents deserved well- thought out, resourced and safe housing options.
Assistant City Manager Bayon Moore confirmed that there was interest from Council in looking at multiple sites including the Executive Inn and the property to the north side of Delta Fair Blvd.
Mayor Thorpe declared a recess at 9:29 P.M. The meeting reconvened at 9:38 P.M. with all Councilmembers present.
8. DISCUSSION ABOUT RECREATION VEHICLE STORAGE ON RESIDENTIAL
PROPERTIES
Director of Community Development Ebbs presented the staff report dated February 22, 2022, recommending the City Council provide direction regarding the storage of Recreational Vehicles on residential properties.
Carlos Castro , Antioch resident, spoke in support of expanding the registration process for recreational vehicles.
Mark Jordan, Antioch resident and Richard, spoke in support of retaining the current process for parking of recreational vehicles on private property.
Larry Baines, Antioch resident, spoke in support of eliminating the restrictions that were specific to the storage of recreational vehicles. He stated if Council approved his request, he wanted to know the next steps and timeline for implementation.
Mayor Thorpe explained that Council did not directly engage speakers during public comment; however, in the conversation that followed, they would try to answer any questions.
Antonio Wise and Diane Robinson, Antioch residents, Lindsey Amezcua, on behalf of Michelle Kustlets, and Kathy Bunton, spoke in support of eliminating the restrictions that were specific to the storage of recreational vehicles.
Greg Shanks and Roshon Williams, Antioch resident, yielded their time to Marlene Hartigan.
Marlene Hartigan, Antioch resident, referenced slides she provided Coun cil via email. She felt the citation and permitting process for recreational vehicles was flawed. She spoke in support of eliminating restrictions specific to the storage of recreational vehicles.
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Special/Regular Meeting
February 22, 2022 Page 12 of 14
Frank Sterling requested the city consider safe parking op tions for those who use recreational vehicles as shelter.
Mayor Thorpe thanked the public speakers this evening.
In response to Councilmember Barbanica, Code Enforcement Manager Michael clarified only replacement permits were issued after 2008 and discussed the option s before Council this evening. He reported several months ago, Code Enforcement received over 300 anonymous complaints that were addressed as time allowed. He explained the data base of permits had not been audited. He discussed the citation process and noted the towing of vehicles and street parking permits were functions of the Antioch Police Department.
Councilmember Barbanica stated he understood all sides of this matte r and noted storage for recreational vehicles was not available locally.
Code Enforcement Manager Michael stated if Council wanted to proceed with a permitting process, he would recommend fees to cover site inspections.
Councilmember Ogorchock stated blighted units negatively affected property values ; however, she understood residents wanting to have an option to park their recreational vehicles on their property. She suggested the possibility of utilizing original permits that were no longer active.
Councilmember Wilson voiced her support for revisiting this item and stated an audit of the permits may be appropriate since some may no longer be active.
Councilmember Torres -Walker voiced her support for eliminating the restric tions that were specific to the storage of recreational vehicles. She stated she could support the permit process, with or without fees.
Mayor Thorpe stated he valued esthetics and a fair approach. He supported an audit of the current permits. Additionally, he suggested looking at possible height and size restrictions.
Director of Community Development Ebbs stated he understood Council was directing staff to bring back an audit of permits.
Councilmember Torres-Walker stated she believed all residents should be allowed to apply for a permit.
Mayor Thorpe commented that getting an understanding of the current inactive/active permits was important to inform the discussion. He clarified Council was not asking for an ordinance to come forward at this time.
Director of Community Development Ebbs clarified the discussion this evening would not affect Homeowners Associations and Covenants, Conditions & Restrictions . He recommended suspending enforcement on active RV cases until this issue was resolved.
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February 22, 2022 Page 13 of 14
Council agreed to suspend enforcement until this matter was resolved.
10. DISCUSSION ITEM: POTENTIAL FORMATION OF A COMMUNITY RESOURCES AD
HOC COMMITTEE
City Attorney Smith presented the staff report dated February 22, 2022 recommending the City Council take the following actions: 1) Discuss and determine if the City Council seeks to form a Community Resources Ad Hoc Committee to assist in the formation of the City’s new department; 2) If so, determine the scope of activities for Community Resources Ad Hoc Committee; and 3) Provide direction to staff to draft a resolution to form the Community Resources Ad Hoc Committee.
Councilmember Ogorchock discussed the importance of creating the Ad Hoc Committee prior to consideration of the Public Safety and Community Resources position.
Councilmember Torres-Walker thanked Council for supporting the formation of the Community Resources and Public Safety Division and suggested renaming it as the Public Safety and Community Resources Division.
Following discussion, Council consensus supported the formation of a P ublic Safety and Community Resources Ad Hoc Committee.
9. RESOLUTION APPROVING A NEW CLASS SPECIFICATION FOR COMMUNITY
RESOURCES & PUBLIC SAFETY DIRECTOR, ASSIGNING A SALARY RANGE, AND
ASSIGNING THE CLASSIFICATION TO THE MANAGEMENT (EXECUTIVE)
BARGAINING UNIT
Administrative Services Director Mastay presented the staff report dated February 22, 2022, recommending the City Council adopt a resolution approving the New Class Spec ification for Community Resources & Public Safety Director, assigning a salary range, and assigning the classification to the Management (Executive) Bargaining Unit.
In response to Councilmember Barbanica, Administrative Services Director Mastay confirmed that this position had already been budgeted.
Councilmember Torres-Walker stated there were already departments that would fall under the direction of this Director and beginning to establish relationships and be involved in the process was important.
City Attorney Smith recommended changing the name of the position to match the Public Safety and Community Resources Ad Hoc Committee.
Speaking to the following motion, Councilmember Ogorchock stated she believed a study should have been conducted to determine if this was the best way to reorganize an existing department.
She questioned who would be leading this undertaking and expressed concern that there was no ordinance regarding this item. She stated she believed this matter should wait until after the formation of the Ad Hoc Committee so they could provide their recommendations. She stated
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many of the activities under this division already existed under a current department and she did not understand why they were being relocated. She also noted Crisis Intervention and Response and Violence Intervention and Prevention needed to be defined.
Councilmember Barbanica stated he did not originally support these items; however, since most of the Council was in support, he wanted them to be a success which was why he was supporting them now.
Mayor Thorpe stated that now may not be the time to hire; however, they could consider hiring an Interim Director or move forward with another option.
RESOLUTION NO. 2022/34
A motion was made by Councilmember Barbanica, seconded by Councilmember Torres-Walker to adopt a resolution approving the New Class Specification for Public Safety & Community Resources Director, assigning a salary range, and assigning the classification t o the Management (Executive) Bargaining Unit. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Barbanica, Thorpe Noes: Ogorchock
PUBLIC COMMENT - None
STAFF COMMUNICATIONS - None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Torres-Walker wished Leslie May a Happy Birthday.
Councilmember Ogorchock announced the passing of Antioch Police Department V olunteer Emily. She requested the following items: a status update on the General Plan, midyear budget review and CIP, consideration of a policy for the City’s Public Information Officer , follow-up on the agenda item list and an update on sewer upgrade loan options for residents on Viera Lane.
Councilmember Wilson requested staff agendize a discussion of the Sister City Program.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Torres-Walker the City Council unanimously adjourned the meeting at 11:03 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
CITY COUNCIL MEETING
INCLUDING THE BOARD OF THE
ANTIOCH PUBLIC FINANCING AUTHORITY
Special/Regular Meeting March 8, 2022
5:30 P.M. Council Chambers
4:30 P.M. - CLOSED SESSION
1. CONFERENCE WITH REAL PROPERTY NEGOTIATONS - pursuant to California Government Code section 54956.8: Property: 4.79 -acre property on Delta Fair Blvd., Antioch, CA (APN 074 -080034-7); Agency Negotiation: Cornelius Johnson, City Manager; Negotiating Parties: Christy Saxton Interim Director, Heal th, Housing and Homeless Services, Contra Costa County; Under Negotiation: Price and Terms of Payment.
2. CONFERENCE WITH LABOR NEGOTIATORS - pursuant to California Government Code section 54957.6; City designated representatives: Nickie Mastay, Jazzman Brown, and Jeff Bailey; Employee organizations: Antioch Police Officers' Association, Operating Engineers Local Union No. 3 (OE3), Confidential Unit, Management Unit, and Treatment Plant Employees' Association.
3. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED L ITIGATION - significant exposure to litigation pursuant to California Government Code section 54956.9(b): Two Cases.
ADJOURN TO CLOSED SESSION
Due to a lack of a quorum, Council did not adjourn to Closed Session.
5:30 P.M. SPECIAL MEETING/STUDY SESSION
Mayor Thorpe called the meeting to order at 5:30 P.M., and City Clerk Householder called the roll.
Present: Council/Authority Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
SM-1. REDISTRICTING: RECEIPT OF PUBLIC INPUT AND SELECTION OF FINAL MAP
Mayor Thorpe announced in Spanish that a Court Certified Interpreter w as available for translation services.
B
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ANTIOCH PUBLIC FINANCING AUTHORITY
Special/Regular Meeting
March 8, 2022 Page 2 of 11
City Attorney Smith introduced Karin Mac Donald and Jane Hood, Q2 Data & Research LLC, who presented the staff report dated March 8, 2022, recommending the City Council receive public comment and select the final redistricting map redefining the boundaries of all City Council electoral districts of the City.
Sandy Hartrick, Antioch resident, spoke in support of Council selecting draft map 91 as the final redistricting map.
Allen Payton, Antioch resident, and Lindsey Amezcua spoke in support of Council selecting draft map 521 as the final redistricting map.
Harry Thurston, Antioch resident and Micha Morris-Silveira spoke in support of Council selecting modified draft map A as the final redistricting map.
Mayor Thorpe directed Ms. Hood to make several changes to modified draft map A; however, since it created a deviation in population, Ms. Hood was asked to revert to the previous modified draft map A.
In response to Councilmember Torres-Walker, Ms. Hood stated their understanding was that all maps were created by following the Fair Maps Act.
Councilmember Barbanica stated looking at map A, a neighborhood on the south end of District 2 was split in half. He questioned if that was consistent with the goal of what Council was trying to accomplish.
Ms. Mac Donald responded the Fair Maps Act said that they should try to keep neighborhoods together as much as practicable . She noted it was up to Council to decide if a neighborhood should stay together since it was a process of give and take and making decision s about what worked best.
Councilmember Barbanica commented there were no areas in map 521 where neighborhoods were divided.
In response to Councilmember Ogorchock, Ms. Mac Donald explained that they had implemented Council’s direction , made sure the Fair Maps Act criteria were followed and informed Council if there was an issue with contiguity. She noted Council were the experts and they would not be providing input as to what communities of interest should stay together.
Councilmember Ogorchock commented that Council would be dividing several communities of interest under draft map A. She noted draft maps 91 and 521 stayed on major thoroughfares and there were no residential areas that would be divided. She noted map A followed the Fair Maps Act only in population deviations.
On motion by Councilmember Torres -Walker, seconded by Councilmember Wilson the City Council adopted draft map A. The motion carried the following vote:
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Ayes: Torres-Walker, Wilson and Thorpe Noes: Ogorchock and Barbanica
ADJOURNED SPECIAL MEETING/STUDY SESSION
On motion by Councilmember Torres-Walker, seconded Councilmember Wilson the City Council unanimously adjourned at 5:45 P.M.
7:00 P.M. REGULAR MEETING
Mayor Thorpe called the meeting to order at 7:00 P.M., and City Clerk Householder called the roll.
Present: Council/Authority Members District 1 Torres-Walker, District 3 Ogorchock, District 4 Wilson, Mayor Pro Tem (District 2) Barbanica and Mayor Thorpe
PLEDGE OF ALLEGIANCE
Mayor Thorpe led the Pledge of Allegiance.
CITY ATTORNEY TO REPORT OUT ON CLOSED SESSION
City Attorney Smith reported that due to the lack of a quorum City Council did not meet in Closed Session.
1. INTRODUCTION OF NEW CITY EMPLOYEES
Interim Chief Morefield introduced Tamarin Martinez, Police Dispatcher, Casey Brogdon, Police Corporal and James Colley, Police Sergeant, who thanked Interim Chief Morefield for the introduction and stated they looked forward to continuing to serve the citizens of Antioch in their new positions.
Finance Director Merchant introduced Michele Milo, Accounting Technician, Jennifer Bonilla and Adrianna Balestrieri , Customer Service Representative s, who thanked Finance Director Merchant for the introduction and stated they looked forward to serving the citizens of Antioch.
Director of Public Works/City Engineer Samuelson introduced Benjamin Marcus Woodland, Senior Water Treatment Plant Operator who thanked Director of Public Works/City Engineer Samuelson for the introduction and stated he looked forward to continuing to serve the citizens of Antioch in his new position.
Mayor Thorpe congratulated all the new and promoted employees.
2. PROCLAMATIONS
In Honor of Staff Sergeant Daniel Scheile
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In Honor of Sergeant John D. Aragon
In Honor of Contra Costa County Blue Star Moms
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council unanimously approved the proclamations.
A representative from Blue Star Moms accepted and thanked the City Council for the proclamations.
ANNOUNCEMENTS OF CIVIC AND COMMUNITY EVENTS – None
3. ANNOUNCEMENTS OF BOARD AND COMMISSION OPENINGS
City Clerk Householder announced the following Board and Commission openings:
➢ Parks and Recreation Commission
➢ Sales Tax Citizens’ Oversight Committee
➢ Board of Administrative Appeals
For more information and to check openings, visit: www.bit.ly/ApplyAntioch or on the City’s homepage.
PUBLIC COMMENTS
Due to the amount of speaker requests, Mayor Thorpe reduced speaker times to two-minutes.
Patricia Granados wished everyone a Happy National Women’s Day. She expressed concern regarding attacks on activists and the unhoused. She announced she had asked the Department of Justice to investigate the WTF California podcast for comments made by the host.
Michelle Barlow, Antioch resident, read a letter in support of changing the City ordinance for recreational vehicle parking on private property. She requested the City grant a permit for her recreational vehicle.
Bill Buhlman spoke in support of changing the City ordinance for recreational vehicle parking on private property.
Ralph Hernandez, Antioch resident, requested Council reconsider the cannabis facility approved at the February 22, 2022, City Council meeting.
Norma Hernandez , Antioch resident, reported the public had a difficult time contacting city employees. She felt residents were not being informed and were being left out of the public process. She expressed concern residents had lost value in their properties with the city’s restrictions on recreational vehicles.
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Roshon Williams, Antioch resident, displayed photos of her motorhome parked on her property and photos of blighted properties in Antioch.
Kathryn Wade stated she did not support the promotions of Officers Brogdon and Colley. She requested the release of the police report and dispatch call from an incident involving her son.
Lacey Brown requested an update on the investigation of officers involved in the incident with Councilmember Torres-Walker’s sons. She also requested an update on the city’s police reform policies and an audit of former police complaint investigations.
Lauren Posada , Antioch resident , reported on her attendance at a Neighborhood Watch Committee meeting . She commended Coordinator Ho for leading the process , answering concerns, and representing the city well. She stated they were thankful of the work the Antioch Police Department did to address crime. She announced a Neighborhood Cleanup event would take place from 9:00 A.M. – 11:00 A.M. on March 12, 2022, at Kimball Elementary School.
CITY COUNCIL COMMITTEE REPORTS/COMMUNICATIONS
Councilmember Torres-Walker reported on her attendance at a C ommunity Violence Solutions Ad Hoc Committee meeting. She noted she would be attending a CDBG Committee meeting soon.
Councilmember Wilson reported on her attendance at Tri Delta and Delta Diablo meetings.
MAYOR’S COMMENTS
Mayor Thorpe reported at the last Council meeting they continued the item related to the permitting process for rec reational vehicles and suspended enforcement until the item was resolved. He noted the public would be informed when it would be coming back to Council for consideration.
4. PRESENTATIONS
District Attorney Becton introduced herself and gave a Contra Costa County District Attorney ’s Office PowerPoint presentation.
Ralph Hernandez, Antioch resident, requested an update regarding information he submitted to the District Attorney’s office.
Councilmember Torres-Walker thanked District Attorney Becton for the presentation.
In response to Councilmember Torres -Walker, District Attorney Becton explained how petty theft, property crimes and organized retail thefts were determined. She stated she would raise the issue of funding programs to address gun violence with a committee w ho was meeting to discuss options for funding that would be coming into the County.
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Mayor Thorpe thanked District Attorney Becton for the presentation.
Sarah Meacham, Managing Director PFM Asset Management LLC , gave a n Investment Performance Review for the Quarter Ended December 31, 2021, PowerPoint presentation.
Mayor Thorpe thanked Ms. Meacham for the presentation. He stated he hoped to investigate divesting in fossil fuels for the city’s portfolio this year.
5. CONSENT CALENDAR
A. APPROVAL OF COUNCIL MEETING MINUTES FOR JANUARY 25, 2022
B. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES FOR FEBRUARY 4, 2022
C. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 8, 2022
D. APPROVAL OF COUNCIL MEETING MINUTES FOR FEBRUARY 22, 2022
E. APPROVAL OF COUNCIL WARRANTS
F. ORDINANCE NO. 2206-C-S SECOND READING - ORDINANCE AMENDING SECTION 9 -5.3843 (E) OF THE ANTIOCH MUNICIPAL CODE TO MODIFY THE
DISTANCE BETWEEN NEW TOBACCO BUSINESSES AND SPECIFIED USES AND
TO CLARIFY THE LIMIT ON NEW TOBACCO RETAILERS (INTRODUCED ON FEBRUARY 22, 2022)
G. ORDINANCE NO. 2207-C-S SECOND READING - ORDINANCE AMENDING SECTION 6-8.02 OF THE ANTIOCH MUNICIPAL CODE TO ADD THE DEFINITIONS OF
CHARACTERIZING FLAVOR, CIGAR, AND LITTLE CIGAR (INCLUDING CIGARILLO) AND AMENDING SECTION 6-8.14 BOTH TO RESTRICT TOBACCO RETAILERS OR
BUSINESSES FROM SELLING OR PROVIDING TOBACCO WITH CHARACTERIZING
FLAVOR, SELLING OR PROVIDING ELECTRONIC CIGARETTES OR E -
CIGARETTES, AND TO REGULATE THE SIZE AND PRICE OF SPECIFIED
PACKAGES OF CIGARE TTES, LITTLE CIGARS, AND CIGARS (INTRODUCED ON FEBRUARY 22, 2022)
H. ORDINANCE NO. 2208 -C-S SECOND READING - TRANSITIONAL HOUSING
ZONING OVERLAY DISTRICT ORDINANCE AMENDMENT AND ZONING MAP AMENDMENT (INTRODUCED ON FEBRUARY 22, 2022)
I. RESOLUTION NO. 2022/35 AB 361: RESOLUTION MAKING FINDINGS NECESSARY
TO CONDUCT BROWN ACT MEETINGS BY TELECONFERENCE FOR THE CITY
COUNCIL, BOARDS, COMMISSIONS, AND COMMITTEES
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J. RESOLUTION NO. 2022/36 REJECTION OF BIDS FOR BID NO. 770-0105-22A ROOF
REPLACEMENTS AND ON-CALL ROOF MAINTENANCE SERVICES
K. RESOLUTION NO. 2022/37 CONSIDERATION OF PROPOSALS FOR RESIDENTIAL SERVICE LINE PROTECTION, PROPOSAL NO. 961-0202-22A AWARD
L. RESOLUTION NO. 2022/38 AMENDMENT NO. 2 TO THE CONSULTING SERVICES
AGREEMENT FOR PROFESSIONAL SERVICES WITH BARTLE WELLS
ASSOCIATES
M. RESOLUTION NO. 2022/39 FOURTH AMENDMENT TO THE CONSULTING
SERVICES AGREEMENT FOR PROFESSIONAL SERVICES WITH THE GUALCO GROUP, INC.
N. CITY OF ANTIOCH ANNUAL COMPREHENSIVE FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021
ANTIOCH PUBLIC FINANCING AUTHORITY
O. ANTIOCH PUBLIC FINANCING AUTHORITY - BASIC FINANCIAL STATEMENTS AND INDEPENDENT AUDITOR'S REPORT FOR THE YEAR ENDED JUNE 30, 2021
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica , the City Council unanimously approved the Council Consent Calendar with the exception of items F, G and H.
Item F – City Attorney Smith introduced Item F.
Norma Hernandez, Antioch resident, questioned if a current tobacco shop was in a shopping center that closed, would they be able to transfer the business license under the ordinance.
Additionally, she questioned if they would be able to leave the business to a relative in the event of their death.
City Attorney Smith commented that the questions did not relate to this item.
Mayor Thorpe stated staff could provide Ms. Hernandez with a response.
Ralph Hernandez, Antioch resident, stated the adoption of this ordinance was unconstitutional because it did not apply the law equally.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council approved item F. The motion carried the following vote:
Ayes: Torres-Walker, Ogorchock, Wilson, Thorpe Noes: Barbanica
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Item G – Kenneth Urdiales III , Antioch res ident, Prashawt Kalra , Concord resident, Ahmed Qassem Neser, Antioch resident, Mohamed Nagi, Antioch resident, Saleh Naser , Antioch resident, Norma Hernandez, Antioch resident, Ralph Hernandez, Antioch resident, (indicated he had submitted over 1000 signatures), Kim Ard-Elutlo, Bishop Mario Gain e, Antioch resident, Derek Talbert, Antioch resident, LaTalya Parrish, Eldon Price, Claudia M, Jaime Rojas, National Association of Tobacco Outlets and Dr. Mary Maultsby-Jeffrey, spoke in opposition to Council adopting the proposed ordinance. Several speakers requested the city wait until after the November election when the public votes on whether a state-wide ban becomes law.
Amaya Wooding, Contra Costa Tobacco Prevention Coalition, Bob Gordon, American Cancer Society Cancer Action Network , Brian Davis , Contra Costa County Tobacco Prevention Coalition, Lizzie Velten , American Heart Association and Contra Costa County Tobacco Coalition, Helen Jang, American Heart Association, Ali Wohlgemuth, Youth Tobacco Advocacy Policy Project (YTAPP), Jessica Segger, Melissa Mendez, Jimmy Ancira, Contra Costa Tobacco Prevention Coalition and Mayra Lopez, Contra Costa Tobacco Prevention Program, spoke in support of Council adopting the proposed ordinance.
Public comments submitted in writing were entered into the record from the following individuals:
Dennett Rodriguez, Antioch resident, Jayme Shipe, Antioch resident, De Majania Johnson, Antioch resident, Helen Jang, American Heart Association, Dr. Phillip Gardi ner and Carol McGruder N.D., Co-Chairs African American Tobacco Control Leadership Council.
Mayor Thorpe thanked the speakers for their comments.
Councilmember Barbanica felt this ordinance would be detrimental to local businesses and restrictions should occur at the state level. He noted if approved, the city should reconsider their stance on cannabis businesses. He commented that flavored products were controlled by the state and enforcement efforts were already in place.
City Atto rney Smith clarified that this ordinance would impact all businesses selling these products in Antioch.
Councilmember Barbanica commented that residents could purchase these products at nearby retail establishments in other cities.
Councilmember Torres -Walker expressed concern that businesses were not being held responsible for selling products to underage customers and stated she would be voting no on this item.
A motion was made by Councilmember Ogorchock and seconded by Councilmember Wilson to approve Item G.
In response to Councilmember Wilson, City Attorney Smith explained this ordinance addressed tobacco and if the city wanted to look at cannabis separately, they could do so. He noted
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cannabis and tobacco had different business models with cannabis businesses having a higher security protocol.
Mayor Thorpe added that cannabis was one of the most regulated industries and their businesses were not located in neighborhoods. He spoke in support of the ordinance.
Councilmember Torres-Walker stated she felt the city needed to discuss all disparities since there was access to unhealthy products for youth and other residents within all neighborhoods.
Mayor Thorpe stated the city was looking at zoning laws to look at disparities within Antioch. He noted this item had been a two -year process and was not absent of engagement with the community.
Councilmember Torres-Walker responded that this ordinance would not save the lives o f black residents and communities of color who struggled with mental health and other challenges with addiction. She stated she believed the City Council needed to address all the issues.
A vote taken on the previous motion to approve Consent Calendar Item G carried the following vote:
Ayes: Ogorchock, Wilson, Thorpe Noes: Torres-Walker, Barbanica
Item H – Mayor Thorpe stated this item was pulled for a separate vote since two Councilmembers had previously voted against the item.
On motion by Councilmember Ogorchock, seconded by Councilmember Wilson the City Council approved Item H. The motion carried the following vote:
Ayes: Torres-Walker, Wilson, Thorpe Noes: Ogorchock and Barbanica
COUNCIL REGULAR AGENDA
6. PLANNING COMMISSION APPOINTMENTS FOR THREE FULL -TERM VACANCIES EXPIRING OCTOBER 2025
Director of Community Development Ebbs introduced Regular Agenda Item 6.
City Clerk Householder announced Mayor Thorpe nominated R obert Martin, Warren Lutz, and Christian Hills to the full-term vacancies expiring October 2025.
City Clerk Householder read Robert Martin’s biography.
RESOLUTION NO. 2022/40
ANTIOCH CITY COUNCIL
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On motion by Councilmember Wilson, seconded by Councilmember Ogorchock the City Council unanimously appointed by resolution, Robert Martin, to the Planning Commission to fill one full- term vacancy expiring October 2025.
City Clerk Householder read Warren Lutz’s biography.
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council unanimously a ppointed by resolution, Warren Lutz to the Planning Commission to fill one full-term vacancy expiring October 2025.
City Clerk Householder read Christian Hills’ biography.
On motion by Councilmember Wilson , seconded by Councilmember Torres -Walker the City Council unanimously appointed by resolution, Christian Hills to the Planning Commission to fi ll one full-term vacancy expiring October 2025.
City Clerk Householder administered the Oath of Office to Robert Martin, Warren Lutz and Christian Hills.
7. FORMATION OF A PUBLIC SAFETY AND COMMUNITY RESOURCES AD HOC
COMMITTEE
City Attorney Smith presented the staff report dated March 8, 2022 recommending the City Council take the following actions: 1) Determine if the City Council wishes to form a Public Safety and Community Resources Ad Hoc Committee for the purposes described in the resolution; 2) Confirm the appointment of two (2) members for the Public Safety and Community Resources Ad Hoc Committee; 3) Confirm the duration of the Public Safety and Community Resources Ad Hoc Committee; and 4) Adopt the resolution forming the Public Safety and Communit y Resources Ad Hoc Committee.
Councilmember Torres-Walker volunteered and nominated Councilmember Wilson to serve on the Ad Hoc Committee.
Councilmember Ogorchock commented A nimal Services was formed as a result of a ballot measure, and suggested the Committee look into whether a ballot measure was necessary to move the department into the Public Safety and Community Resources Department.
On motion by Councilmember Torres-Walker, seconded by Councilmember Barbanica the City Council u nanimously adopted the resolution forming the Public Safety and Community Resources Ad Hoc Committee appointing Councilmember Torres -Walker and Councilmember Wilson for the duration of 6 months.
8. RESOLUTION APPROVING THE CLASS SPECIFICATION UPDATES FOR THE
MANAGEMENT BARGAINING UNIT WITH NO SALARY CHANGES
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Administrative Services Director Mastay presented the staff report dated March 8, 2022, recommending the City Council adopt a resolution approving class specification updates for the Management Bargaining Unit.
On motion by Councilmember Ogorchock , seconded by Councilmember Barbanica the City Council unanimously adopted a resolution approving class specification updates for the Management Bargaining Unit.
PUBLIC COMMENT
Cassandra Quinto-Collins discussed a Danville officer who was convicted o f wrong-doing and spoke in support of those convicted of crimes being held accountable. She requested an update regarding the third -party investigation into Angelo Quinto’s death and requested Council’s support of AB 1608.
STAFF COMMUNICATIONS - None
COUNCIL COMMUNICATIONS AND FUTURE AGENDA ITEMS
Councilmember Wilson requested staff agendize a discussion item regarding ensuring residents have access to water and a mechanism for assisting in water bill payments in a time of need.
Councilmember Torres-Walker requested a resolution in support of AB 1608 be agendized. She wished Angelo Quinto -Collins a Happy Birthda y. She thanked Assistant City Manager Bayon Moore, Councilmember Ogorchock, Councilmember Wilson and City Clerk Householder for their service to the city of Antioch. To highlight Women’s’ history month , she recognized several individuals in the community for their service. She also thanked her ancestor, Harriet Tubman.
Councilmember Barbanica requested staff agendize consideration of a policy that would exempt residents from paying a water bill when they have a legitimate water main break on their property.
Additionally, he requested transparency with regards to all press receiving information from the City in a timely manner.
Mayor Thorpe acknowledged International Women’s Day.
ADJOURNMENT
On motion by Councilmember Ogorchock, seconded by Councilmember Barbanica the City Council unanimously adjourned the meeting at 9:49 P.M.
Respectfully submitted:
Kitty Eiden
KITTY EIDEN, Minutes Clerk
04-12-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of April 12, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Christina Garcia, CMC, Deputy City Clerk
APPROVED BY: Nickie Mastay, Administrative Services Director SUBJECT: City Council Special Meeting Minutes of March 11, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Special Meeting Minutes of March 11, 2022.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
t0
C
D
04-12-22
STAFF REPORT TO THE CITY COUNCIL
DATE:
TO:
Regular Meeting of April 12, 2022
Honorable Mayor and Members of the City Council
SUBMITTED BY: Christina Garcia, CMC, Deputy City Clerk
APPROVED BY:
SUBJECT:
City Council Meeting Minutes of March 22, 2022
RECOMMENDED ACTION
It is recommended that the City Council continue the Meeting Minutes of March 22, 2022.
FISCAL IMPACT
None
DISCUSSION
N/A
ATTACHMENT
None.
Cg
Nickie Mastay, Administrative Services Directort0
I
Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: AB 361: Resolution Making Findings Necessary to Conduct Brown Act Meetings by Teleconference for the City Council, Boards, Commissions, and Committees
RECOMMENDED ACTION
It is recommended that the City Council adopt the resolution authorizing remote teleconference/virtual meetings of the legislative bodies of the City of Antioch, which includes the City Council, boards, commissions, and committees.
FISCAL IMPACT
There is no anticipated direct or indirect fiscal impact as a result of this item.
DISCUSSION
Even though cases of COVID-19 have dropped, AB 361 is expressly intended “to protect the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location” because of physical status.
The City of Antioch has utilized teleconference technology for some time, and since the State of Emergency is still in effect and st ate officials are still recommending measure s to promote social distancing, especially for immunocompromised and sensitive groups (as described in the attached Resolution), the City’s legislative bodies, which include the City Council, boards, commissions, and committees can continue to meet while providing access to the public via teleconference. This resolution makes the findings required by AB 361, and would apply Citywide – i.e., not just to the City Council but to all City commissions and committees subject to the Brown Act as well. Staff requests passage of the attached resolution, which enables “hybrid meetings” including in- person and teleconference public participation or virtual meetings via teleconference for the City Council, boards, commissions, and committees.
Antioch City Council Report
April 12, 2022 Agenda Item #I 2
Under this resolution, City Council, commissions, boards, and committees can continue holding virtual meetings or hybrid meetings in compliance with the following more flexible standards:
• The City is not required to provide a physical location for the public to attend or provide comments.
• P ublic access to the meeting via a call-in or an internet-based service option must be allowed, but the City is not required to have members of the public attend at each teleconference location.
• The City is only required to notice and post an agenda in accordance with the Brown Act provisions for in-person meetings. The agenda shall identify and include an opportunity for all persons to attend via a call -in option or an internet -based service option.
• When notice of the time of the teleconferenced meeting given or the agenda for the meeting is posted, the City shall also give notice of the means by which members of the public may access the meeting and offer public comment. • The City must provide an opportunity for the public to address and offer comment in real time and cannot require all public comments to be submitted in advance of the meeting.
ATTACHMENTS
A. Resolution
ATTACHMENT A
RESOLUTION NO. 2022-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
MAKING THE REQUIRED FINDINGS TO AUTHORIZE REMOTE
TELECONFERENCE/VIRTUAL MEETINGS OF THE LEGISLATIVE
BODIES OF THE CITY OF ANTIOCH FOR A PERIOD OF THIRTY
DAYS PURSUANT TO BROWN ACT PROVISIONS
WHEREAS, the City of Antioch is committed to preserving and nurturing public access and participation in public meetings under the Ralph M. Brown Act;
WHEREAS, all meetings of the City’s legislative bodies, which includes the City Council, boards, commissions, and committees, are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), such that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business;
WHEREAS, as recently amended by AB 361, Government Code section 54953(e) of the Brown Act makes provisions for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions;
WHEREAS, a required condition is that a s tate of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558;
WHEREAS, it is further required that state or local officials have recommended or imposed measures t o promote social distancing, or the legislative body determines by majority vote that meeting in person would present imminent risks to the health and safety of attendees;
WHEREAS, such conditions now exist in the City ; specifically, on March 4, 2020, the Governor of the State of California proclaimed a State of Emergency, and such proclamation remains in effect and has not been rescinded or cancelled, and the “SMARTER” plan that the Governor unveiled specifically indicates that the State of Emergency will not be terminated;
WHEREAS, in addition to the above, state offici als have issued orders recommending social distancing measures for certain individuals and in certain situations.
For example, and not by way of limitation, social distancing is referenced in guidance on vaccine doses for persons who are immunocompromised and in certain situations under general industry safety orders;
ATTACHMENT A
WHEREAS, the state legislature has also made findings that by removing the requirement that public meetings be conducted at a primary physical location with a quorum of members present, AB 361 protects the health and safety of civil servants and the public and does not preference the experience of members of the public who might be able to attend a meeting in a physical location over members of the public who cannot travel or attend that meeting in a physical location;
WHEREAS, the City Council does hereby find that all of the legislative bodies of the City shall conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivi sion (e) of section 54953; and
WHEREAS, the City will provide live call-in and/or internet service-based option for remote public participation and will provide notice for such participation in the agendas posted in advance of the meetings.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ANTIOCH DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Findings. The City Council hereby finds that, as set forth above, due to the novel coronavirus a State of Emergency declared by the Governor of the State of California is currently in effect, and that state or local officials are recomm ending measures promote social distancing.
Section 3. Remote Teleconference Meetings. The City Manager and City Attorney are hereby authorized and directed to take all actions necessary to conduct open and public meetings for all the legislative bodies of the City in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 4. Effective Date of Resolution . This Resolution shall be effective immediately upon its adoption and shall remain in effect until the earlier of 30 days from the effective date of this Resolution , or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City may continue to teleconference.
* * * * * * * * *
ATTACHMENT A
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April, 2022 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
CITY OF
ANTIOCH
CALIFORNIA
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Bryan Pitts, Acting Operations Supervisor APPROVED BY: John Samuelson, Public Works Director/City Engineer )$ SUBJECT: Approval of Purchase of One (1) Bandit Brush and Wood chipper Model M-12XP Utilizing Sourcewell Cooperative Purchasing Contract #050119-BAN with Cal-Line Equipment Inc.
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1. Approving the purchase of one (1) new 2022 Bandit Brush and Woodchipper Model M-12XP for an amount not to exceed $65,543; and
2. Authorizing the City Manager to execute the Sourcewell Cooperative Purchasing Contract #050119-BAN with Cal-Line Equipment Inc. for the purchase of the equipment.
FISCAL IMPACT
Funding for the purchase of this equipment is included in the adopted fiscal year 2021/2022 operating budgets within the Vehicle Replacement, SLLMD Administration, and Sewer Funds.
DISCUSSION
The City's inventory of vehicles and equipment is examined annually in conjunction with the budget process to determine which existing units meet replacement criteria and which divisions have new operational needs. Criteria includes, but is not limited to, vehicles that reach or exceed 100,000 miles, vehicles and equipment that require frequent and costly maintenance repairs, and older model vehicles and equipment that lack available parts.
This recommendation replaces a 1991 Vermeer brush and woodchipper that was sent to auction due to excessive wear and high maintenance costs. The replacement brush and woodchipper will be used by Landscape, Collection Systems, and NPDES crews to trim and chip up brush and trees throughout the City of Antioch's landscape, open spaces, and utility rights-of-way. This equipment provides for more efficient use of manpower and the capability to recycle green waste in an environmentally sound way. All woodchips will J
Agenda Item #
ATTACHMENT "A"
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE PURCHASE OF ONE (1) NEW 2022 BANDIT BRUSH AND WOODCHIPPER MODEL M-12XP AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO PURCHASE THE EQUIPMENT FROM CAL-LINE INC., UTILIZING SOURCEWELL COOPERATIVE PURCHASING CONTRACT #050119-BAN IN AN AMOUNT NOT TO EXCEED $65,543.
WHEREAS, the City of Antioch's Fleet Division annually assesses its inventory of vehicles and equipment based on standard replacement criteria in conjunction with the operational needs of each division;
WHEREAS, the City's Fleet Division maintains the City's fleet through timely replacement of vehicles and equipment that are at or beyond their useful life, which is critical in managing costs and liability associated with an aging fleet; WHEREAS, the City of Antioch received a quote from Cal-Line Equipment Inc., a Sourcewell cooperative purchasing vendor with fair pricing for government agencies; and WHEREAS, by utilizing Sourcewell Cooperative Purchasing Contract #050119- BAN, the City will be guaranteed a significant cost savings while maintaining the principles of fair and open competition in public procurement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby:
1. Approves the purchase of one (1) new Bandit brush and woodchipper Model M-12XP in an amount not to exceed $65,543; and
2. Authorizes the City Manager or designee to execute the purchase of the equipment utilizing Sourcewell Cooperative Purchasing Contract #050119-BAN with Cal-Line Equipment Inc.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
Antioch Strategic Infill Housing Study
City Council Hearing
April 12, 2022
Antioch Strategic Infill Housing Study
Agenda
1. Project Goals and Timeline
2. Study Sites and Criteria
3. Feasibility Study
4. General Plan Amendments
5. Zoning Ordinance Amendments
6. Objective Design Standards
7. Environmental Analysis
Antioch Strategic Infill Housing Study
Project Goals
» City of Antioch was awarded SB 2 grant funding to study feasibility of providing infill, high-density residential development on underutilized and vacant commercial sites
» Identify General Plan and Zoning Ordinance amendments to streamline and provide opportunities for multi-family residential development in Antioch
» Create objective design standards to help expedite review processes of proposed projects
Antioch Strategic Infill Housing Study
Project Timeline
Engage
Stakeholders
Evaluate
Existing
Site
Conditions
Analyze
Development
Feasibility
Identify
Objective
Design
Standards to
Support
Multifamily
Development
Prepare
Program-
level
Addendum
to General
Plan EIR
Finalize
General Plan
and Zoning
Ordinance
Amendments,
and Objective
Design
Standards
We Are Here
January
2021
January to
April 2021
May to July
2021
August 2021
to February
2022
Develop text
amendments
to General
Plan and
Zoning
Ordinance
March to
April 2022
December
2021 to
January
2022
Antioch Strategic Infill Housing Study
Context
» City has significant number
of partially built or
underutilized commercial
properties
» Overall commercial
vacancies are relatively
high throughout city
Antioch Strategic Infill Housing Study
Context
» The City regularly receives
inquiries regarding constructing
multi-family developments in
commercial centers in
commercial zoning designations
» Current General Plan and Zoning
do not permit residential
development in commercial
zoning designations
Antioch Strategic Infill Housing Study
Study Site Criteria
» Size: Larger sites wherever possible
» Ease of Development: Sites with
mostly flat topography and adequate
utilities
» Access: Sites with access to major
arterials
» Existing Land Use: Commercial or
shopping center zoning only; not
employment-generating use such as
office or industrial
» General Plan: Sites that are currently
classified as Regional Commercial or
Neighborhood Commercial land uses
» Utilization: Includes underutilized or
vacant commercial sites with high
potential for redevelopment
Commercial Infill Housing Overlay District Sites
Antioch Strategic Infill Housing Study
Feasibility Study
» BAE Urban Economics assessed the financial feasibility of three residential prototypes » Feasibility assessment helped inform Zoning Ordinance and Objective Design Standards For-Sale Townhomes Garden-Style Stacked Flats High-Density Podium General Plan
Amendments
Antioch Strategic Infill Housing Study
General Plan Amendments
» Creates new “Commercial Infill
Housing” section in General Plan
Land Use Element chapter
• Includes new policy direction to guide
development of commercial infill housing
projects
Antioch Strategic Infill Housing Study
General Plan Amendments
» Site criteria
• Minimum of 20,000 square feet
• Vacant and/or underutilized
• Existing commercial land use designation
» Appropriate land uses
• Medium density housing, high density
housing, vertical mixed use, and horizontal
mixed use
» Residential density
• By-right: 12 to 35 du/acre
• Use permit: 50 du/acre
» Building height
• By-right: 2-4 stories (up to 45 feet)
• Use permit: 4+ stories or >45 feet
» Underlying/base zoning for overlay sites
will remain
• May be redeveloped with commercial or other
uses as currently allowed
» Must satisfy the Commercial Infill Housing
Objective Design Standards
Antioch Strategic Infill Housing Study
General Plan Amendments
» Other policy direction
• Encourage demolition or repurposing of underutilized commercial development on the site to accommodate for new high quality residential or mixed-use development • Create a pedestrian-oriented environment within and immediately outside of the development
• Provide convenient access to circulation networks of various modes of travel, including vehicle, pedestrian, bike, and transit outside of the site • Provide internal circulation for bikes, vehicles, and pedestrians that connect these circulation networks outside of the development on adjacent streets and sidewalks • Where possible, site entries near transit stops and facilitate vehicular access along major arterials
Zoning Ordinance
Amendments
Antioch Strategic Infill Housing Study
Zoning Ordinance Amendments
» Creates new Zoning District: CIH Commercial Infill Housing Overlay District • Standards and regulations consistent with new residential density and building height General Plan policies
• Height and Area Regulations should reference CIH Objective Design Standards document
• Off-street parking requirements shall follow existing off-street parking requirements in Antioch Zoning Ordinance
Antioch Strategic Infill Housing Study
Zoning Ordinance Amendments
» Site Qualification
• Sites shown within the CIH Overlay District on the Antioch Zoning Map are qualified by-right for development of infill housing and can submit an application to the Planning Department for ministerial review
• For sites outside of the CIH Overlay District, a rezone of the site to be included in the CIH Overlay District is required with approval from City Council prior to submitting an application to the Planning Department
Antioch Strategic Infill Housing Study
Zoning Ordinance Amendments
» Review Process
• Applications for residential or mixed-use development on qualified Commercial Infill Housing Overlay District sites shall be submitted to the Planning Department for ministerial processing and must include an application packet and design plans • Applications will be processed administratively by staff and reviewed for conformance with the Commercial Infill Housing Overlay District Objective Design Standards Objective Design
Standards
Antioch Strategic Infill Housing Study
Objective Design Standards
» Table of Contents
• Introduction
• Development Standards
• Objective Design Standards
Site Design
Building Design
Landscaping
Lighting
Signage
• Definitions
• Appendix: Checklist
Antioch Strategic Infill Housing Study
Objective Design Standards
» Purpose
• Provide key, objective requirements
for the development of multifamily
residential and mixed-use
development within the CIH Overlay
District
• Provide a clear and straight forward
application and approval process for
proposed development within the
CIH Overlay District
Antioch Strategic Infill Housing Study
Objective Design Standards
» Organization and Content
• Intent statement for every topic
• Standards numbered and titled
• Diagrams illustrating standards
• Photo examples
Antioch Strategic Infill Housing Study
Objective Design Standards
» Checklist
• Evaluation by applicant and City
staff of whether project application
meets all applicable design
standards
• Submit to the City with application
Environmental Analysis
Antioch Strategic Infill Housing Study
Environmental Analysis
» Trip generation study
• Removal of commercial use and replacement with multifamily housing had a potential net decrease in daily trips for all ten sites
» Addendum to General Plan Environmental Impact Report (EIR) • Programmatic, policy-level change that does not propose specific development projects • Evaluation of amending the General Plan and Zoning Ordinance to create CIH Overlay District and CIH Objective Design Standards
• Modified Project does not increase amount of development potential or extend beyond the boundaries analyzed in the Certified EIR. Instead allows for reallocation of residential land uses to areas within the city that have been determined to be typically vacant and/or underutilized commercial areas.
Antioch Strategic Infill Housing Study
Environmental Analysis
» Analysis found same or reduced level of impact as the 2003 General Plan Update EIR for all environmental issues
» When specific development projects occur on these sites, they would be subject to environmental review pursuant with CEQA, if applicable
9 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Dawn Merchant, Finance Director
SUBJECT: American Rescue Plan Act Funding
RECOMMENDED ACTION
It is recommended that the City Council provide feedback and direction regarding the allocation of American Rescue Plan Act funding received by the City of Antioch and adopt a resolution authorizing the necessary FY22 & 23 budget amendments for expenditures approved at the April 12, 2022 meeting.
FISCAL IMPACT
The City of Antioch will be receiving a total of $21,550,900 in funds from the American Rescue Plan Act (“ARPA”). $10,775,450 was received in May 2021, with the remaining balance of $10,775,450 to be received in May 2022. The funding and spending allocations will be accounted for in the American Rescue Plan Special Revenue Fund established with the adoption of the FY2021-23 Budget.
DISCUSSION
On March 22, 2022, City Council reviewed and discussed a list of potential programs and projects to fund with ARPA. Direction was given on the first thirteen items included on the list. City Council directed that the discussion be continued to April 12th to review the remaining items that were included.
Attachment A provides a table of the programs/projects City Council provided consensus to fund with ARPA. As noted on the attachment, the desired funding allocations far exceed available funds. City Council will need to re-consider all items and prioritize spending to fall within available funding.
Attachment B is the list of ARPA spending ideas presented on March 22nd amended to include several more ideas brought forth by members of the City Council on March 22nd.
ATTACHMENTS
A. ARPA Allocations Table
B. ARPA spending ideas from March 22, 2022
C. Resolution
ATTACHMENT A
Total ARPA Funding21,550,900.00$
Estimated
Cost
Mental Health Crisis Response pilot 3,600,000.00$ Two-year cost Bridge Housing Support Services pilot
Master lease of hotel 2,600,000.00
Support services 3,100,000.00
Economic Development/Business
Small business grants 500,000.00
Façade Improvement grants 500,000.00
Small business support 1,500,000.00
Bicycle Garden 3,000,000.00 construction phase only, not planning Mayors Apprenticeship Program 625,000.00
Rehabilitiation of building for Pub. Saf. Comm. Res.4,300,000.00 Wi-Fi Downtown Area from NRCC and 3rd St to west of CH and 3rd, to the water front Installation 60,000.00
Annual Maintenance (x2) 50,000.00
Ugrade City ventilation systems 766,000.00 $400K NRCC/Snr; $366K City Hall L St drainage/storm water improvements 2,500,000.00
Park enhancements 4,800,000.00 Increased $300K from initial list (12 parks/$400K ea.) Two all-inclusive parks
Antioch Community Park 1,500,000.00 initial list was $2M, increased to $3M after further evaluation TBD 1,500,000.00
Total cost of all programs/projects30,901,000.00$
Total Cost Exceeding Available Funds(9,350,100.00)$
ARPA ALLOCATIONS
ATTACHMENT B
ARPA SPENDING IDEAS
1. Mental Health Crisis Response pilot. Estimated cost of $1.8M/year for 2 years = $3.6M
2. Bridge Housing Support Services pilot. Conservative estimated cost of $2.6M for master lease, $3.1M support services and $250K/year for 2 CORE Team members = $6M all-inclusive cost for 2 years
3. Small business grants - $500K
4. Facade Improvement Grants - $500K
5. Small business support - $1.5M
a. Business expansion assistance
b. Technical assistance
c. Entrepreneurship training
d. Industry incubator
i. Temporary staffing, consultants, and software to help implement the above business programs would be needed
6. Bicycle Garden - $3M
7. Mayor’s Apprenticeship Program
8. Rehabilitation of building for Public Safety & Community Resources Department
9. L Street improvements (drainage/storm water treatment) - $2.5M
10. Add Wi-Fi in the downtown area that meets the guidelines of the broadband infrastructure requirements in ARPA. The estimated installation cost is $60,000 and would have an annual maintenance and support cost of approximately $25,000/yr.
11. Upgrade of City facility ventilation systems to address public health impacts as an infection prevention measure for congregate settings.
12. Park Enhancements - $4.5M
13. Two all-inclusive parks - $2M
14. Aquatic Center needs - $3M
a. Locker room/multi-use/concession/office renovations - $1M b. Perimeter fence replacement - $500K
c. Deck repair - $850K
d. Pool plaster replacement - $250K
e. Boulder structure repair - $250K
f. Slide restoration - $150K
15. Nick Rodriguez/Senior Center renovation/ADA upgrades that exceed $2.2M being awarded from State.
16. Large trash capture device - $500K
17. NE Annexation storm drain improvements – cost TBD
18. Water meter AMI - $5M
19. Brackish Water Desal - $17M
20. Recycled water expansion - $TBD
21. EOC/Community Room technology upgrades - $300K
ATTACHMENT B
ARPA SPENDING IDEAS, Cont.
22. Utility bill assistance
23. Government services – up to $10M (this will free General Fund monies to pay for other projects/services the Council may want to pursue)
24. Weekly COVID testing City providing to employees through Kyla
25. Pay for COVID Sick Leave required to be provided to City employees as required by the State of California effective January 1, 2022.
26. Pay for unemployment costs charged to the City from the State Unemployment Development Department as allowed in the guidance to respond to negative economic impacts. It is recommended to allocate $240,000 initially to cover the estimated cost through December 2024.
27. Pay for Police overtime costs associated with covering employee shifts for those out with COVID related illness
Additional Items Added on March 22, 2022
28. Solar
29. Cinderblock walls
30. Water and sewer infrastructure on Wilbur
31. Staffing for public contact for COVID
32. AUSD youth projects
33. Crossing guards
34. Upgrade dog play area at Animal Services
35. Carnegie library improvements
36. Expanded Wi-Fi/broadband across District 1
37. Land acquisition for unhoused resident services
38. A St improvements
39. E 18th St improvements
40. Sycamore improvements
ATTACHMENT C
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH APPROVING AMENDMENTS TO THE 2022 AND 2023 FISCAL YEAR BUDGETS FOR ARPA EXPENDITURES UNDER CONSIDERATION AND APPROVED ON APRIL 12, 2022
WHEREAS, the City of Antioch received $10,775,450 in American Rescue Plan Act (“ARPA”) funding in May 2021 and will be receiving another $10,775,450 in May 2022; and
WHEREAS, the City may use ARPA funds to support public health expenditures, address negative economic impacts caused by the public health emergency, replace lost public sector revenue to provide government services and invest in water, sewer and broadband infrastructure;
WHEREAS, the City Council has considered and approved funding allocations within these guidelines at the April 12, 2022 City Council meeting; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Antioch hereby approves the amendments to the fiscal year 2022 and 2023 budgets for ARPA funding allocations discussed and approved at the City Council meeting of April 12, 2022 incorporated as Exhibit A.
* * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
10 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of Tuesday, April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Thomas Lloyd Smith, City Attorney TLS
SUBJECT: Discussion Item: Antioch Police Oversight Commission - Summary of Content for a Draft Ordinance
RECOMMENDED ACTION
It is recommended that the City Council:
1. Determine whether to direct to staff prepare an ordinance forming the Antioch Police Oversight Commission; and
2. If so, advise staff whether to rename the Police Crime Prevention Commission, by designating it as a board or committee, or to make any other modifications to it.
FISCAL IMPACT
The members of the Antioch Police Oversight Commission will not be compensated for their time. However, the City will need to provide funding for the Police Commission’s general operating expenses, training, continuing education, and public outreach and events. There will also be expenses associated with staff time dedicated to working with the Police Commission.
DISCUSSION
Civilian oversight of police departments is an evolving governmental function designed to provide the community with a means to infl uence police department policies and to help ensure that policing is conducted in a manner that is constitutional, effective, and responsive to the standards, values, and expectations of those served by the police department.
The City Council directed Ci ty staff to research and make recommendations to the City Council Police Oversight Standing Committee on the potential formation of an Antioch Police Oversight Commission (“Police Commission”). City staff researched (1) police oversight commissions and boards in general law and charter cities; (2) the differences between police oversight commissions in general law cities and charter cities; and (3) solutions that can be achieved under each type of government within state and local laws and policies.
Antioch City Council Report
April 12, 2022 Agenda Item #10 2
City staff has prepared a summary of content for an ordinance forming the Antioch Police Oversight Commission with the aim of strengthening trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing.
ANTIOCH POLICE OVERSIGHT COMMISSION
PURPOSE
The purpose of the Antioch Police Oversight Commission is to strengthen trust, transparency, accountability, and police-community relations in the City of Antioch by ensuring that the Antioch Police Department's policies, practices, and customs meet or exceed national standards of constitutional policing.
The Police Commission shall advise the City Council, City Manager, and Chief of Police on the admi nistration of the Antioch Police Department and on policy matters concerning public safety within the City of Antioch. The Police Commission shall facilitate community participation and oversight by reviewing and recommending policies, procedures, practices, and programs designed to result in community policing that is effective, responsive, and sensitive to the diverse needs of the residents of the City.
The Police Commission shall promote and encourage open communication and cooperation between the Ant ioch Police Department and residents of the City, recognizing that policing the City of Antioch is a shared responsibility.
The Police Commission shall develop, review, and make policy recommendations aimed at informing the community of its rights and r esponsibilities when interacting with police officers.
MEMBERSHIP AND APPOINTMENT
(A) The Police Commission shall consist of seven (7) voting members appointed by the Mayor and confirmed by the City Council.
(B) All voting members of the Police Commission shall be residents of the City of Antioch.
(C) The Mayor and the City Council shall strive to appoint and confirm at least:
(a) one (1) representative from each of the four (4) councilmember voting districts of the City;
(b) one (1) representative of the Antioch faith-based community;
(c) one (1) representative of the Antioch business community; and
(d) one (1) employee or student of the Antioch Unified School District.
Antioch City Council Report
April 12, 2022 Agenda Item #10 3
(D) No one shall be excluded from the Police Commission because he or she has a criminal record.
(E) The following shall not be eligible to serve as a Police Commissioner:
(a) current sworn police officer or his/her spouse;
(b) current City employee or his/her spouse;
(c) former Department sworn employee or his/her spouse; or
(d) current or former employee, official , or representative of an employee association representing sworn police officers or his/her spouse.
(F) Commissioners shall not be issued and shall not display, wear, or carry badges that so resemble a peace officer’s badge that an ordinary reasonable person would believe that Commissioners have the authority of a peace officer.
TERMS OF OFFICE AND REMOVAL FROM OFFICE
(A) The terms of office for all members of the Police Commission shall be three years, but the terms of not more than three (3) members shall expire in any one year.
Therefore, when the initial seven (7) members are selected, two (2) commissioners shall be appointed to serve an initial one-year term, two (2) commissioners shall be appointed to serve an initial two -year term, and the remaining three (3) shall serve an initial three- year term. No members shall serve for more than two consecutive full terms. For this purpose, the initial one-year and two-year terms in this paragraph shall be considered full terms. After two consecutive full terms, an interval of three years must pass before a member is eligible to be reappointed. The expiration date of all terms shall be December 31, but each member shall serve until his or her successor is duly appointed and qualified.
(B) A member may resign before the expiration of his or her term with written notification to the chairperson of the Police Commission and the Mayor.
(C) Members of the Police Commission shall serve at the pleasure of the City Council and may be removed from office by a majority vote of the Council.
(D) The Police Commission may recommend to the City Council that a member be removed for reasons including but not limited to:
(a) misuse of position as a Police Commission member;
(b) misuse of police-issued documents;
(c) misconduct that impedes the member's abilit y to serve as an effective and impartial Police Commission member;
Antioch City Council Report
April 12, 2022 Agenda Item #10 4
(d) unexcused absences from at least three meetings in a one-year span of time;
(e) violation of the Code of Ethics of the National Association for Civilian Oversight of Law Enforcement (NACOLE); or
(f) conflict of interest.
(E) Upon receipt of notification of resignation or a Council vote of removal, the position shall be considered vacant and eligible for the Mayor to nominate for appointment a replacement commissioner followed by confirmation by the City Council for the remainder of that term.
OFFICERS
During January of each year, the Police Commission shall elect one of its members as chairperson and one as vice- chairperson who shall each hold office for one (1) year or until their respective successors are elected. After all Police Commission members have been appointed and confirmed, officers shall be elected no later than the second meeting of the Police Commission. No officer shall be eligible to serve more than two consecutive terms in the same office.
MEETINGS
(A) The Police Commission shall hold its first meeting within thirty days after all of its members have been appointed and confirmed. At the first meeting, the Police Commission shall set the time and date of regularly scheduled meetings , which shall occur at least twice each month, except during the months of July and December when regular meetings shall occur once per month . Regular meetings of the Police Commission shall be held at Antioch City Hall except for meetings held under section 4 -
3.060(B). The Police Commission shall no tify the public of the time and place of its meetings and provide time for public comment at each meeting in compliance with the Brown Act.
(B) At least two meetings of the Police Commission each year shall be held at locations within the City of Antioch other than City Hall for the purpose increasing community engagement with the Police Commission. The Police Commission shall make a good faith effort to hold these meetings at public schools, youth centers, or community- based organizations within the City of Antioch.
(C) All Police Commission meetings are subject to the Brown Act.
(D) In the interest of upholding and modeling a positive relationship between the residents of Antioch and the Antioch Police Department, the Antioch Chief of Police, or his or her desi gnee, shall attend the beginning of all public meetings of the Police Commission and, as the first order of new business, be placed on the agenda to comment or report on any matters under consideration by the Police Commission.
Antioch City Council Report
April 12, 2022 Agenda Item #10 5
NO COMPENSATION
Members of the Police Commission shall serve without compensation. However, the City Council may authorize the reimbursement of reasonable expenses incurred by the members in the performance of their duties.
BUDGET
The City shall provide the Police Commission with funding for general operating expenses, training, and continuing education for all Police Commissioners.
TRAINING
The City shall provide appropriate funding for introductory training of new Police Commission members as well as continuing education for all members. Training shall cover all of the following, but not be limited to:
(A) The ordinance establishing the Police Commission;
(B) National standards of constitutional policing;
(C) Department operations, policies, procedures, practices, and programs;
(D) Laws governing local public records and public meetings, confidentiality, police officer rights, arrestee rights, and excessive force; and
(E) Police policies, practices, and procedures around stops, arrests, use of force, detention, large-scale protests, and marginalized communities.
POWERS AND DUTIES
To effectuate its purpose, the Police Commission shall, in compliance with the California Public Records Act (Gov. Code, §§ 6250 et seq.), Penal Code Sections 832.7 and 832.8; California Public Safety Officers Procedural Bill of Rights Act (Gov. Code, §§ 3300 et seq.), Government Code section 38630, Government Code section 37104, Penal Code section 832.7, and all other applicable state and federal law:
(A) Propose changes, at its discretion or upon receiving direction from the City Council, including modifications to the Police Department ’s proposed changes, to any policies or procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation techniques on civilians, hate crimes, or biased -based policing including profiling based on any of the protected characteristics identified by federal, state, or local law. All such proposed changes and modifications shall be submitted to the City Council for approval or rejection.
(B) Recommend City Council approval or rejection of the Police Department’s proposed changes to all policies and procedures of the Police Department that govern First Amendment assemblies, use of force, use of canines, use of de- escalation Antioch City Council Report
April 12, 2022 Agenda Item #10 6
techniques with civilians, hate crimes, or biased-based policing including profiling based on any of the protected characteristics identified by federal, state, or local law.
(a) If the Police Commission recommends rejection of the proposed policy, the Police Department’s proposed changes, notice of the Commission’s rejection, and the reasons for rejection, together with the Police Department ’s proposed changes, shall be submitted to the City Council for review.
(b) If the Police Commission recommends approval of the Police Department’s policy, the Police Department’s proposed changes will proceed directly to the City Council for review.
(c) If the Police Commission does not approve or reject the Police Department’s proposed changes within sixty (60) days of the Police Department’s submission of the proposed changes to the Police Commission, the Police Department’s proposed changes will proceed directly to the City Council for review.
(C) Review and comment on, at its discretion, any other policies, procedures, customs, and general orders of the Police Department . All such comments shall be submitted to the Chief of Police, the City Manager, and the City Attor ney. The Chief of Police shall provide a written response to the Police Commission upon request.
(D) Review the City Council’s proposed budget and advise whether budgetary allocations for the Police Department are aligned with the Police Department ’s policies and procedures. The Police Commission shall conduct at least one public hearing on the Police Department budget per budget cycle and shall forward to the City Council any recommendations for change.
(E) Require the Chief of Police to submit an annual report to the Police Commission regarding such matters as the Police Commission shall require.
(F) Report at least once a year to the Mayor, the City Council, and to the public to the extent permissible by law, the information contained in the Chief's report in addition to such other matters as are relevant to the functions and duties of the Police Commission.
(G) Receive reports from the Police Department on publicly disclosable information concerning the status of civilian complaints. Develop a program for the mediation of civilian complaints, in coordination with the Chief of Police, the City Manager, and the City Attorney.
(H) Study, develop, and recommend community policing and alternative crime- prevention policies and strategies to the Chief of Police, City Manager, City Attorney, and City Council; assess and make recommendations regarding the role in public s afety of Antioch City Council Report
April 12, 2022 Agenda Item #10 7
social services, including but not limited to those related to mental health, alcohol and substance abuse, homelessness, juvenile justice, and education.
(I) Develop and recommend, in conjunction with the Chief of Police and the City Manager, education programs regarding policing in Antioch and community outreach events, such as town hall meetings, forums to communicate information about neighborhood watch programs, or events designed to encourage safety and emergency preparedness.
(J) Request and review data from public records of the Antioch Police Department as needed to effectuate the Police Commission’s powers and duties. Such data may include, but is not limited to, data regarding police use of force; demographics of individuals stopped, searched, or arrested; demographics of Antioch Police Department officers and staff; officer training and qualifications.
PUBLIC REPORTS
(A) The Police Commission shall draft and issue public reports regarding the issues described in the section entitled “Powers and Duties”. An annual report may be in the form of an update from a previous year's report. The Police Commission may issue additional public reports as it deems appropriate.
(B) The Police Commission shall provide annual public reports to City Council, City Manager , and City Attorney on the Police Department’s progress on Police Commission recommendations and other updates relevant to the mission of the Police Commission.
(C) All public reports shall omit or redact any confidential or privileged information as defined by State law.
ATTACHMENTS
A. None.
11 Agenda Item #
S
TAFF REPORT TO THE CITY COUNCIL
DAT
E: Regular Meeting of April 12, 2022
T
O: Honorable Mayor and Members of the City Council
PR
EPARED BY: Rosanna Bayon Moore, Assistant City Manager
AUTHORIZED BY: Cornelius H. Johnson, Interim City Manager CHJ S
UBJECT: Display of the Pride Progress Flag at City Hall
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Ac
knowledging the City’s Policy for the Display of Flags at City Facilities as it relates to various flags approved by an adopted resolution of the City Council; and 2) Approving the display of the Pride Progress Flag during the period of April 12, 2022 to December 31, 2022 at City Hall.
F
ISCAL IMPACT
None
DI
SCUSSION
At the Regular City Council Meeting of March 22, 2022, public comments were received regarding homophobic and transphobic attitudes experienced in the community of Antioch. As an expression of opposition to discrimination on the gr ounds of sexual orientation and gender identity , two agenda items were subsequently prepared for City Council action. The first is a City proclamation and the second is the display of the Pride Progress Flag. Attachment B provides the City’s current Flag Display Policy.
AT
TACHMENTS
A. Resolution No 2022/**
B. Resolution No. 2020/23
Exhibit A to Resolution – City of Antioch Flag Display Policy RESOLUTION NO. 2022/**
April 12, 2022
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING AND AUTHORIZING THE DISPLAY OF THE PRIDE PROGRESS FLAG
AT CITY HALL
WHEREAS, the City of A ntioch adopted Resolution No. 2 020/23 regarding the City’s Policy for the Display of Flags at City Facilities on February 11, 2020; WHEREAS, the City’s flagpoles are to be used exclusively by the City and the City Council may display a commemorative flag as a form of government speech and expression;
WHEREAS, the display of flags on City’s flagpoles represents the City of Antioch’s official sentiments and the City shall display commemorative flags only if authorized by the City Council by resolution as part of said expression; WHEREAS, the Antioch City Council identified the Pride Progress Flag as an Approved Flag for authorization at a duly noticed meeting of the City Council and directs its display to commence on April 12, 2022 and end on December 31, 2022; and WHEREAS, it is acknowledged that the City’s Policy for the Display of Flags at City Facilities restricts display to no more than thirty-one (31) continuous days; WHEREAS, additional display requests that occur during the extended timeframe may not be accomodated due to the limited availability of space on flagpoles at City Hall.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Antioch hereby approves the Pride Progress Flag for display at City Hall and authorizes a one time bypass of the time limit defined as thirty-one continuous days per Section 3.02 of the City’s Policy for the Display of Flags at City Facilities. * *
* * * * *
I HERE
BY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12 th day of April 2022, by the following vote:
AYES:
NOES:
ABS
TAIN:
ABS
ENT:
___
__________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
RESOLUTION NO. 2022/**
April 12, 2022
l
ATTACHMENT B
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
ADOPTING A POLICY FOR THE DISPLAY OF FLAGS AT
CITY FACILITIES
WHEREAS, the City of Antioch ("City") displays flags at City Hall and other City facilities in accordance with Federal and State law;
WHEREAS, displays of flags on the City's flagpoles express the City's official sentiments;
WHEREAS) the City of Antioch has not historically had a comprehensive policy for the display flags on City flagpoles, but the City Council recognizes the need for such a policy;
WHEREAS, the City Council desires to adopt a policy for the display of flags at City Hali and other City facilities including the United States flag, the California State flag, the Uniterf States Armed Forces flags, the City of Antioch flag, and other commemorative flags &pproved by a resoluiion of the City Council; and WHEREAS� at the January 14, 2020, Antioch City Council meeting, the City Council discussed and considered a working draft of a policy for the display of flags at City facilities and directed staff to bring an updated draft of such policy forward at a subsequent City Council meeting for further consideration.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch that:
Section 1. Findings
The City Council hereby finds and determines that the above recitals are true and correct and have served as the basis, in part, for the findings and actions of the City Council set forth below.
Section 2. Decision
The City Council of the City of Antioch hereby adopts the City of Antioch Flag Display Policy attached hereto as Exhibit A.
Section 3. Effective Date
This resolution shall take effect immediately upon its adoption.
RESOLUTION NO. 2020/23
C ity of Antioch Flag Display Policy
February 11, 2020
CI
TY OF ANTIOCH
FLAG DISPLAY POLICY
EXHIBIT A
City of Antioch Flag Display Policy
February 11, 2020
Table of Contents
Article I. Introduction .....................................................................................................1 Section 1.01 Goal .............................................................................................................1 Section 1.02 Purpose .......................................................................................................1 Section 1.03 Applicability ..................................................................................................1 Section 1.04 The American Flag in Antioch......................................................................1 Section 1.05 Definitions.....................................................................................................1 Section 1.06 References ..................................................................................................1
Article II. General Provisions .........................................................................................2 Section 2.01 Policy ...........................................................................................................2 Section 2.02 The Display of Flags on the City’s Flagpoles Communicate the City of Antioch’s Official Sentiments......................................................2 Section 2.03 Display of Flags Generally............................................................................2 Section 2.04 Display of Flags Outside City Hall ...............................................................3 Section 2.05 Display of Flags When There Are Multiple Flagpoles...................................3 Section 2.06 Display of Flags Inside City Hall and Other Facilities ..................................4 Section 2.07 Display of Flags in the City Council Chambers.............................................4 Section 2.08 Disposal of American Flag or State Flag .....................................................4
Article III. Public Requests to Display Flags on City Flagpoles...................................4 Section 3.01 Process and Timeline for Public Requests to a Display Flag at City Hall.......4 Section 3.02 Time Limit for Displaying Other Approved Flags...........................................5 Section 3.03 Other Approved Flags Shall Be Displayed in the Last Position of Honor…. 5 Section 3.04 Purchase of Other Approved Flags..............................................................5
February 11, 2020
ARTICLE I. INTRODUCTION
Section 1.01 Goal
The goal of the City of Antioch (“City”) Flag Display Policy is to provide standard procedures for the display of flags at City facilities while promoting patriotism, inclusion, and pride in the City. The display of flags shall support the vision, mission, and objectives of the City and present the City in a positive and professional manner.
Section 1.02 Purpose
The purpose of this policy is to establish that the flag of the United States of America (the “American Flag”), the California state flag (the “State Flag ”), United States Armed Forces flags (“Military Flags ”), City of Antioch flag (“Antioch Flag”), and other flags approved by an adopted resolution of the City Council (“Other Approved Flags”) are welcome and authorized for display at Antioch City Hall and/or other City facilities.
Section 1.03 Applicability
This policy applies to all flags identified herein that are flown at City facilities.
Section 1.04 The American Flag in Antioch
The American Flag is a symbol of pride and freedom for all Americans. To encourage patriotism and appreciation for the United States of America, the City of Antioch encourages the display of the American Flag in our city. In particular, the City encourages the display of the American Flag at residential homes, businesses, and civic organizations on Memorial Day, Veterans Day, Flag Day, and Independence Day. On Memorial Day the American flag should be flown at half -staff from sunrise until noon only, then raised briskly to the top of the staff until sunset, in honor of the nation's battle heroes.
Section 1.05 Definitions
Half-Staff: The position of the f lag when it is one- half the distance between the top and bottom of the staff.
Executive or Military Department: Any agency listed under Sections 101 and 102 of Title 5, United States Code.
Member of Congress : A Senator, Representative, Delegate, or the Resident Commissioner from Puerto Rico.
Section 1.06 References
United States Code (U.S.C.A.), Title 4 United States Code (U.S.C.A.), Title 36 California Government Code, Sections 430-439.
February 11, 2020
ARTICLE II. GENERAL PROVISIONS
Section 2.01 Policy
The City’s Flag Display Policy for City Hall and other City facilities shall be in accordance with United States Code (U.S.C.A.), Title 4 and Title 36 and California Government Code, Sections 430-439.
Section 2.02 The Display of Flags on the City’s Flagpoles Represents the City of Antioch’s Official Sentiments
The display of flags represents the City of Antioch’s official sentiments and the City may choose what it desires to publish and endorse on its flagpoles, provided it is consistent with the law. The City shall display commemorative flags only if authorized by the City Council as an expression of the City’s official sentiments. Any such authorization shall be given at a duly noticed meeting of the City Council. The City’s flagpoles are to be used exclusively by the City, where the City Council may display a commemorative flag as a form of government speech and expression. The City’s flagpoles are not intended to serve as a forum for free expression by the public.
Section 2.03 Display of Flags Generally
2.03.1 The American Flag together with the State Flag shall be displayed daily at major City operated facilities.
2.03.2 When the American Flag and State Flag are displayed with other flags, the American Flag shall be placed in the first position of honor and the State Flag shal l be placed in the position of second honor at all times.
2.03.3 The American Flag and State Flag may be displayed from sunrise to sunset.
Proper illumination is recommended if the flags will be displayed twenty-four (24) hours per day.
2.03.4 The American Flag and State Flag should not be displayed on days when the weather would place them at substantial risk of damage, in the judgment of the City Manager or designee.
2.03.5 Flags displayed on the same halyard shall have the American Flag at the peak in the first position of honor , with the State Flag directly below the American Flag in the second position of honor in such a manner as not to interfere with any part of the American Flag. All other flags shall be displayed at a position subordinate to the State Flag.
2.03.6 When the American Flag and State Flag are displayed at the same time on separate flagpoles, the staffs shall be of equal height, the flags shall be of equal size, and the State Flag shall be positioned to the American Flag’s left or the observer’s right. The American Flag shall be hoisted first and lowered last.
2.03.7 The American Flag and State Flag, and any other displayed flag adjacent to these, shall be flown at half-staff during any of the following circumstances:
a) During a national day of mourning or remembrance as declared by the President of the United States. The period of time that the flag s remain at half-staff shall be determined by Presidential order.
b) During a State day of mourning or remembrance as declared by the Governor of the State of California. The period of time that the flags remain at half-staff shall
February 11, 2020
be determined by gubernatorial order. On Memorial Day each year, the flags shall be displayed at half-staff until noon only, then raised to the top of the staff. c) By order, and for the period prescribed, by the Antioch City Council. d) An occasion befitting a local day of mourning or remembrance as determined by the City Manager of the City of Antioch. The length of time that the flags remain at half-staff shall be prescribed by the City Manager.
When displayed at half -staff, the American Flag and State Flag shall be first hoisted to the peak for a moment and then lowered to the half-staff position. The flags shall be again raised to the peak before they are lowered for the day. When displayed from adjacent staffs, the American Flag shall be raised and lowered first.
2.03.8 No flag shall be displayed above the American Flag.
2.03.9 When the American Flag is displayed over the middle of the street, the flag should be suspended vertically with the union (blue field) to the north in an east and west street, or to the east in a north and south street
2.03.10 When the American Flag is displayed with another flag from crossed staffs, the American Flag should be on the right (the flag's own right, the observer's left) and its staff should be in front of the staff of the other flag.
2.03.11 The City of Antioch recognizes that any rule or custom pertaining to the display of the American Flag may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever deemed to be appropriate or desirable. Any such alteration or additional rule shall take precedence over the practices set forth in this policy.
Section 2.04 Display of Flags Outside City Hall
The American Flag shall be displayed in the first position of honor, which is the observer's extreme left or at the highest point. The State Flag shall be displayed in second position of honor, which on a single flagpole is directly beneath the American Flag. The City of Antioch Flag shall be placed in the third position of honor directly beneath the State Flag, unless a United States Armed Forces Flag (s) (e.g. POW/MIA flag, which serves as the symbol of our Nation's concern and commitment to achieving the fullest possible accounting of all Americans who still remain, or in the future may become, unaccounted for as prisoners of war, missing in action or otherwise unaccounted for as a result of hostile action) precedes it. If so, the City of Antioch Flag will be in the four th position of honor directly below the Military Flag.1 Other Approved Flags shall be in the subordinate positions of honor.
Section 2.05 Display of Flags When There Are Multiple Flagpoles If there are multiple flagpoles displaying flags together in the same location, the American Flag, State Flag and City of Antioch Flag shall be displayed as follows: The American Flag shall be displayed in first position of honor, which is the observer's extreme left or at the highest point in the center . The State Flag shall be displayed in second position of honor to the right of the American Flag. The City of Antioch Flag shall be placed in the third position to the left of the American Flag.
1 At the time of drafting this policy, City Hall uses a single flagpole for the display of the American, California, POW/MIA, and City of Antioch flags. If the City elects to use multiple flagpoles at City Hall at some point in the future, then Section 2.05 of this policy would apply.
February 11, 2020
Section 2.06 Display of Flags Inside City Hall and Other Facilities If the American Flag is displayed in a lobby area it must be displayed in the first position of honor. This position is on the left side of the lobby upon entrance.
Section 2.07 Display of Flags in the City Council Chambers The American Flag, State Flag and City Flag shall be the only flags displayed in the City Council Chambers. The American Flag shall be displayed in the first position of honor.
This position is on the Mayor and City Council’s right as they face the audience or to the observer’s left. The State Flag shall be displayed in the second position of honor. This position is to the observer’s right of the American Flag. The City Flag shall be displayed to the observer’s right of the State Flag.
Section 2.08 Disposal of American Flag or State Flag
When the American Flag or State Flag, deteriorates to such a condition that i t no longer serves as a fitting emblem of display, it shall be destroyed in a dignified manner, preferably by burning. All fire stations are flag disposal sites.
ARTICLE III. PUBLIC REQUESTS TO DISPLAY FLAGS ON CITY FLAGPOLES
Section 3.01 Process and Timeline for Public Requests to a Display Flag at City Hall and Other City Facilities
The City Council is open to considering public requests to display flags celebrating the efforts of nationally recognized civil rights movements that strive for equal rights and equal protection under the law for groups that have historically endured and sought to overcome unlawful and unjust discrimination within our country. Public requests to display such flags should be submitted to the City Clerk’s Office at least 45 days prior to the requested date of the flag raising and display.
• The City Clerk shall record the date of the request and forward it to the City Manager and the City Attorney for review.
• The City Manager shall present the request to the Mayor , who shall to agendize the request for the consideration of City Council, unless the City Attorney provides a written recommendation to deny the request supported by his or her analysis that the request is inconsistent with the goals and purposes of the City of Antioch Flag Policy.
• If an applicant’s request to display a flag on the City’s flagpole has been denied, the City Council shall only consider that same request if a member of the City Council makes a request to the Mayor or City Manager in writing on behalf of the applicant to place the item on the City Council agenda. • The City Council shall then consider whether to approve or deny the request to display the flag by majority vote.
• The City Council reserves the right to disqualify or deny requests , in its sole discretion, that are not consistent with the goals and purpose of the City of Antioch Flag Display Policy.
February 11, 2020
Section 3.02 Time Limit for Displaying Other Approved Flags Other Approved Flags shall be displayed for a period of time that is reasonable or customary for the subject that is to be commemorated, but no longer than thirty-one (31) continuous days.
Section 3.03 Other Approved Flags Shall Be Displayed in the Last Position of Honor Other Approved Flags displayed on City flagpoles shall be displayed in the last position of honor beneath the City of Antioch Flag, unless otherwise directed by the City Council and to the extent such display does not conflict with federal law, state law, or this policy.
Section 3.04 Purchase of Other Approved Flags
The City may only purchase American Flags, State Flags, Military Flags, and City Flags.
If the City Council votes to display a flag in response to a public request, the person or group making the public request shall provide the flag to the City and be responsible for the cost of the flag.
12 Agenda #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nickie Mastay, Administrative Services Director SUBJECT: Side Letter Agreement between the City of Antioch and the Treatment Plant Employees Association Salary Adjustments from the Total Compensation Study Final Report
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Approving the Side Lett er Agreement between the Ci ty of Antioch and the Treatment Plant Employees Association for Salary Adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations;
2) Authorize the City Man ager or designee to execute the Side Letter Agreement between the City of Antioch and Treatment Plant Employees Association; and 3) Authorize the City Manager or designee to make any necessary adjustments to the F iscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.
FISCAL IMPACT
The estimated fiscal impact of the Treatment Plant Employees Association Side Letter for FY2021/22 is $18,090.
DISCUSSION
Representatives of the City an d the Treatment Plant Employees Association have been meeting and conferring in good faith to negotiate an agreement and finalize the Memorandum of Understanding. The current term of the Memorandum of Understanding is October 1, 2020 through September 30, 2021.
During the course of negotiati ng, the City Council and the Treatment Plant Employees Association reached an agreement on a Side Letter memorializing the salary range placement recommendations of Appendix IV of the Total Compensation Study Final t0
Antioch City Council Report
April 12, 2022 Agenda Item #12 2
report dated August 31, 2021 for the Treatment Plant Employees Association . Some terms of the Side Letter Agreement are:
➢ The salary adjustments shall be effective the first full pay period after October 1, 2021.
➢ A total of eight classifications will have salary increases ranging from 0. 09% to
8.44%.
Please refer to Exhibit 1 of the Resolution for the details of the Side Letter Agreement.
The City and the Treatment Plant Employees Association will continue to meet and confer in good faith to negotiate an agreement and finalize the Memorandum of Understanding.
ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution – Side Letter Agreement between the City of Antioch and the Treatment Plant Employees Association.
B. Total Compensation Study Final Report August 31, 2021. Appendix IV: Salary Range Placement Recommendations.
ATTACHMENT A
RESOLUTION NO. 2022/***
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE SIDE LETTER AGREEMENT BETWEEN THE CITY OF ANTIOCH
AND THE TREATMENT PLANT EMPLOYEES ASSOCIATION FOR SALARY
ADJUSTMENTS FROM THE TOTAL COMPENSATION STUDY FINAL REPORT DATED AUGUST 31, 2021 APPENDIX IV: SALARY RANGE PLACEMENT
RECOMMENDATIONS
WHEREAS, the City and the Treatment Plant Employees Association had a Memorandum of Understanding covering th e period of October 1, 20 20 – September 30, 2021;
WHEREAS, in accordance with Government Code Section 3505, the City’s Negotiating Team met and conferred in good faith with representatives of the Treatment Plant Employees Association; and
WHEREAS, representatives of the City and the Treatment Plant Employees Association reached a Side Letter Agreement for salary adjustments from the Total Compensation Study Final Report dated August 31, 2021 Appendix IV: Salary Range Placement Recommendations.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The Side Letter Agreement between the City of Antioch and the Treatment Plant Employees Association as provided in the attached Exhibit 1 and herein incorporated by reference, is approved;
Section 2. The City Manager or designee is authorized to execute the Side Letter Agreement as provided in the attached Exhibit 1; and
Section 3. The City Manager or designee is authorized to make any necessary adjustments to the Fiscal Year 2021/22 and Fiscal Year 2022/23 budget to implement the provisions of the Side Letter Agreement.
* * * * * * * * * * I HEREBY CERTI FY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
ATTACHMENT B
13 Agenda #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nickie Mastay, Administrative Services Director SUBJECT: Tentative Agreements between the City of Antioch and the Antioch Police Officers Association (APOA) for the Period of September 1, 2021 – August 31, 2025
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Approving the Tentative Agreements between the City of Antioch and the Antioch Police Officers Association (APOA); and
2) Authorize the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the provisions of the Tentative Agreements.
FISCAL IMPACT
The estimated fiscal impact of the Antioch Police Officers Association (APOA) Tentative Agreements for FY2021/22 is $1,074,514.
DISCUSSION
The current term of the Memorandum of Understanding (MOU) between the City and the Antioch Police Officers Association (APOA) covered the period of September 1, 20 16 – August 31, 20 21. Representatives of the City and the APOA have been meeting and conferring in good faith for several months to negotiate an agreement and finalize t he MOU. If the City Council adopt the Tentative Agreements, the parties will continue to prepare an MOU to memorialize and replace the Tentative Agreements. The existing MOU will continue as modified by the terms of the Tentative Agreements until the MOU is completed. When completed, the MOU will be submitted to City Council for approval and adoption.
Highlighted terms of the first year of the Tentative Agreements are:
➢ Four-year contract ending August 31, 2025.
t0
Antioch City Council Report
April 12, 2022 Agenda Item #13 2
➢ Effective the first full pay period after September 1, 2021, salaries for all classifications represented by the APOA shall be increased by 4%.
➢ Detective/Investigator Pay: Sworn Police personnel who are routinely and consistently assigned to perform detective or investigative duties shall receive an additional $250 per month above their base pay while serving in this assignment.
➢ Motorcycle Officer Pay: Sworn Police personnel who are routinely and consistently assigned to operate and/or patrol on a motorcycle shall receive $500 per month above their base pay during that time they are actually riding a police motorcycle in the performance of work-related duties or activities.
➢ The addition of Juneteenth as a recognized City Holiday.
Please refer to Exhibit 1 to the Resolution for the detail of all Tentative Agreements.
ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution – Tentative Agreements
ATTACHMENT A
RESOLUTION NO. 2022/***
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING THE TENTATIVE AGREEMENTS BETWEEN THE CITY OF ANTIOCH
AND THE ANTIOCH POLICE OFFICERS ASSOCIATION (APOA) FOR THE PERIOD OF SEPTEMBER 1, 2021 – AUGUST 31, 2025
WHEREAS, the City and the Antioch Police Officers Association (APOA) had a Memorandum of Understanding covering the period of September 1, 2016 – August 31, 2021;
WHEREAS, in accordance with Government Code Section 3505, the City’s Negotiating Team met and conferred in good faith with representatives of the APOA to negotiate a successor agreement; and
WHEREAS, representatives of the City and the APOA reached Tentative Agreements for a successor Memorandum of Understanding for the period of September 1, 2021 through August 31, 2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The Tentative Agreements between the City of Antioch and the APOA for the period of September 1, 2021 – August 31, 2025, as provided in the attached Exhibit 1 and herein incorporated by reference, is approved; and
Section 2. The City Manager or designee is authorized to amend the FY2021/22and 2022/23 budgets to implement the provisions of the Tentative Agreements.
* * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1
14 Agenda Item #
STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of April 12, 2022
TO: Honorable Mayor and Members of the City Council
SUBMITTED BY: Nickie Mastay, Administrative Services Director APPROVED BY: Thomas Lloyd Smith, City Attorney
SUBJECT: Resolution Approving Class Specification Updates for Assistant City Attorney and Assigning an Updated Salary Range
RECOMMENDED ACTION
It is recommended that the City Council adopt a resolution:
1) Approving updates for the Assistant City Attorney class specification; 2) Assigning a n updated salary range to the Assistant City Attorney class specification; and
3) Authorize the City Manager or designee to make any necessary adjustments to the Fiscal Year 2021/22 and 2022/23 budgets to implement the updated salary range.
FISCAL IMPACT
The prior approved salary range (without benefits) for one (1) Assistant City Attorney is $146,388 - $177,936. The prior total annual range of cost of funding (1) Assistant City Attorney is (Step A – Step E) $272,998 - $324,839. The cost of this position is included in the General Fund Fiscal Year 2021-23 Budget.
The updated salary range (without benefits) for one ( 1) Assistant City Attorney is $160,427 - $195,000. The total annual range of cost of funding (1) Assistant City Attorney is (Step A – Step E) $296,292 - $352,962. Although the cost of this position was included in the General Fund Fiscal Year 2021-23 Budget, the additional cost due for the updated class specification is estimated to be $28,123.
DISCUSSION
The Assistant City Attorney position was approved by City Council on June 22, 2021 with the adoption of the Fiscal Year 2021-23 Budget. The City Council adopted Resolution 2021/157 on September 14, 2021 that created the class specification, assigned the bargaining unit and salary range for the Assistant City Attorney classification. The City’s
t0
Antioch City Council Report
April 12, 2022 Agenda Item #14 2
outside recruiter Avery & Associates has requested an i ncrease in the salary range for the Assistant City Attorney position based on (1) low candidate applications, only two attorneys applied for the position, and (2) feedback regarding the salary from prospective attorneys who were contacted but decided not to apply for the position. According to Avery & Associates, several of the attorney’s approached were already earning the top of Antioch’s proposed salary range in their current positions. Therefore, the attorneys had no financial incentive to apply for the position.
In an effort to appeal to more candidates, City staff has also revised the Assistant City Attorney class specification to encourage candidates with both transactional and litigation experience to apply . Some of the updates to the Assistant C ity Attorney class specification include:
• Functions as a principal assistant to the City Attorney. • Manages legal agreement workflow for the City Attorney’s Office to achieve timely review of City legal agreements. Draft and review complex and routine legal agreements including contracts, memorandums, leases, deeds and other legal documents and instruments. Review insurance , payment bond, and performance bond information, if applicable for contracts submitted by City departments to the City Attorney’s Office.
• Builds the capacity of department staff members to prepare enforceable legal agreements, resolutions, ordinances, leases, deeds and other legal documents and instruments for their departments by providing legal review and written or oral explanation of revisions to their documents.
• Builds the capacity of department staff members to understand risk management and insurance requirements for legal agreements submitted by City departments to the City Attorney’s Office by providing legal review a nd written or oral explanation of insurance, payment bond, and performance bond requirements as applicable.
• Reviews claims and lawsuits against the City; submit requests for coverage of claims to the City’s insurance providers; assist and represent the Cit y in its defense to achieve a final resolution of the claim or lawsuit. • Attends day and evening board, commission, and committee meetings to provide legal advice and counsel; review and edit agendas, staff reports, and resolutions for boards, commissions, and committees as directed by the City Attorney; provide staff with feedback and comments.
• Represent the City in civil, criminal, and administrative proceedings and in transactional matters; perform all phases of pretrial, trial and appellate work; develop litigation strategy, prepare briefs, drafts pleadings, motions and arguments, and conduct discovery and depositions; file motions and briefs; represent the City in court; make appearances at administrative hearings. • Receive and review claims and lawsuits for damages filed against the City; assist and represent the City in its defense to achieve a final resolution of the claim or lawsuit.
Antioch City Council Report
April 12, 2022 Agenda Item #14 3
• Knowledge of all phases of litigation, including managing clients, discovery, court appearances, motion practice, trail preparation and trials. • Five years of progressively responsible experience performing legal work.
Please refer to Attachment A – Exhibit 1 for the updated Assistant City Attorney Class Specification.
ATTACHMENTS
A. Resolution
Exhibit 1 to Resolution – Assistant City Attorney Class Specification
ATTACHMENT A
RESOLUTION NO. 2022/**
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANTIOCH
APPROVING CLASS SPECIFICATION AND SALARY UPDATES FOR ASSISTANT
CITY ATTORNEY CLASS SPECIFICATION
WHEREAS, the City has an interest in the effective and efficient management of the classification plan;
WHEREAS, the City Council has considered updated Class Specifications on a case-by-case basis as needed for recruitments;
WHEREAS, the Management Bargaining Unit has reviewed and approved the changes to the Class Specifications; and
WHEREAS, Department Management have reviewed and updated the descriptions to reflect current organizational structure and operational needs.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Antioch as follows:
Section 1. The Class Specification with updates for the classification of Assistant City Attorney attached hereto as “Exhibit 1”, is hereby approved and incorporated into the City of Antioch Employees’ Classification System;
Section 2. The Assistant City Attorney classification monthly salary range is updated to $13,369 - $16,250; and
Section 2. The City Manager or designee is authorized to amend the FY2021/22 and 2022/23 budgets to implement the updated salary range.
* * * * * * * * * * *
I HEREBY CERTIFY that the foregoing resolution was passed and adopted by the City Council of the City of Antioch at a regular meeting thereof, held on the 12th day of April 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
ELIZABETH HOUSEHOLDER
CITY CLERK OF THE CITY OF ANTIOCH
EXHIBIT 1
CITY OF ANTIOCH
ASSISTANT CITY ATTORNEY
Class specifications are intended to present a descriptive list of the range of duties performed by employees in the class. Specifications are not intended to reflect all duties performed within the job.
SUMMARY DESCRIPTION
Under general direction of the City Attorney , provides a wide range of legal services; functions as a princip al assistant to the City Attorney; manages legal agreement workflow for the City Attorney’s Office to achieve timely review of City legal agreements; reviews claims and lawsuits against the City; attends day and evening board, commission , an d committee meetings to provide legal advice and counsel; analyzes complex legal issues, evaluates alternative approaches to problems, and impl ements sound solutions; prepares legal opinions, pleadings, ordinances, resolutions, contracts, leas es, staff reports, and similar documents; represents the City in court and criminal, civil, and administrative proceedings and in transactional matters; and responds to inquires from City officials, City staff, community organizatio ns, state and local agencies, ant the general public.
DISTINGUISHING CHARACTERISTICS
The Assistant City Attorney is super vised and directed by the City Attorney and exercises technical and f unctional supervision o ver administrative support staff , legal sta ff and leg al service providers, though direct supervision and managem ent of support and legal staff is the responsibility of the City Attorney. Employee s in this classification ar e distinguished from the Deputy City Attorney due to the elevated l evel of decision making associated with complex and specialized legal services. While expertise may be gained in a speciali zed area of municipal law, the Assistant City Attorney assumes responsibility for legal matters in any area as assigned by the City Attorney. Specialized legal services may be in areas such as : litigation and claims liability, criminal prosecution, employment law, public contracting, planning, zoning and environmental laws, complex t ransactions, police, fire, Brown Act , constitutional law first amendment, public records act, conflicts of interest , litigation and claims liability , employment law, finance, real estate, public housing, information technology, records reten tion, stat e election laws, state and federal law pertaining to publ ic utility law, redevelopment law, f ederal law and/or risk management. Work may involve assigning, supervising and reviewing the work of subordinate attorneys.
REPRESENTATIVE DUTIES
The following duties are typical for this classification. Incumbents may not per form all o f the listed duties and/or may be required to perform additional or different duties from those set forth below to address business needs and changing business practices.
1. Directs specified program area activities of the City Attorney’s Office as assigned by the City Attorney.; assigns lega l work to subordinate staff and legal service providers then review work for technical accuracy and completeness.
2. Manages legal agreement workflow for the City Attorney’s Office to achieve timely review of City legal agreements. Draf t and review complex and routine legal a greements including contracts, memorandums, leas es, deeds and other legal documents and instruments.
Review insurance , payment bon d, and performance bond information , if applicable fo r contracts submitted by City departments to the City Attorney’s Office.
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CITY OF ANTIOCH
ASSISTANT CITY ATTORNEY (CONTINUED)
3. Builds the capacity of department staff members to prepare enforceable legal agreements, resolutions, ordinances, leases, deeds and other legal documents and instruments for their departments by providing legal review and written or oral expla nation of revisions to their documents.
4. Builds the capacity of department staff membe rs to understand risk management and insurance r equirements for legal agreements submitted by City departments to the City Attorney’s Office by providing legal review and written or oral explanation of in surance, payment bond, and performance bond requirements as applicable.
5. Reviews claims and lawsuits against the City; submit requests for coverage of claims to the City’s insurance providers; assist and represent the City in its defense to achieve a fi nal resolution of the claim or lawsuit.
1.6. Attends day and evening board, c ommission, and committee meeting s to provi de legal advice and counsel; review and edit agendas, staff reports, and res olutions for boards, commissions, and committees as directed by the City Attorney; provide staff with feedback and comments.
7. Research and analyze legal issues and statuto ry and case law; dDraft and review complex and routine oresolutions, ordinances , legal opinions , opinions, ordinances, resolutions , contracts, leases, deeds and other legal documents and instruments; approve ordinances, resolutions and contracts as to form and legality.. Research and analyze legal issues and statutory and statutory and case law.
2.8. Receive and review claims and lawsuits for damages filed against the City; assist and represent the City in its defense to achieve a final resolution of the claim or lawsuit.
3.9. Represent the City in civil, criminal, and administrative proceedings and in transactional matters; perform all pha ses of pre trial, trial and appellate work; develop litigation strategy, prepare b riefs, drafts pl eadings, motions and arguments, and conduc t discovery and depositions; file motions and briefs; represent the City in court ; make appearances at administrative hearings..
4.10. Provide legal advice to City departments, City staff, City officials, and certain boards and commissions on a wide ra nge of municipal law; conduct researc h and provide opinions and advice regarding the duties, powers, functions and obligations of City departments and related bodies.
5.11. Respond to staff inquiries regarding the legality of complex and routine issues, questions on policy, interpretation of Antioch Municipal Code, and related matters.
6.12. Assist code enforcement efforts involving nuisances or uninhabitable properties; prepare notices and orders; follow-up on enforcement efforts; advise City staff.
7.13. Attend day and evening day o r evening meetings of boards, commissions , and committees as requested by the City Attorney; review staff reports and resolutions including those for the Planning Commission; provide staff with feedback and comments.
8.14. Review insurance information and contracts submitted by all City departments to the City Attorney’s Office.
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CITY OF ANTIOCH
ASSISTANT CITY ATTORNEY (CONTINUED)
9.13. Prepare gun forfeiture petition s for the Police Department; attend hearings and prepare Police Officer witnesses.
10.14. Prepare oppositions to Pitchess motions and attend related court hearings.
11.15. Respond to correspondence and public inquiri es on legal matters related to City business.
12.16. Maintain current knowledge of complex and routine legal issues and precedents; attend and participate in professional group meetings; participate in profe ssional de velopment activities; read publications relevant to area of assignment.
13.17. Assist in department budget preparation and administration.
14.18. Supervise, train and evaluate assigned staff.
15.19. Perform related duties as required.
QUALIFICATIONS
The following gen erally des cribes the knowledge and ability required to en ter the job and/or be learned within a short period of time in order to successfully perform the assigned duties.
Knowledge of:
▪ Municipal government organization, structure and functional responsibilities. ▪ Laws, principles and practices related to mu nicipal government and public administration.
▪ General, municipal, and public contract law.
▪ Legal p rinciples and p ractices including civil, criminal, administrative law and procedures, especially as they relate to municipal governments. ▪ General, municipal, and public contract law.
▪ Principles, methods and techniques of legal research and investigation. ▪ Judicial procedures and rules of ev idence.Municipal govern ment or ganization, structure and functional responsibilities.
▪ Laws, principles and practices related to mu nicipal government and public administration.
▪ Judicial procedures and rules of evidence.
▪ Legal precedents and court decisions related to assignments. ▪ All phases of litigation, including managing cli ents, disc overy, court appearances, motion practice, trial preparation and trials
▪ Appellate practices.
▪ Office procedures, methods, and equipment including computers and app licable software applications.
▪ Pertinent federal, state, and local laws, codes, and regulations.
Ability to:
▪ Define legal issues, collect and analyze information, and recommend action. ▪ Properly interpret and make decisions in accordance with laws, regulati ons, and policies.
▪ Prepare clear an d concise legal documents, including but not limi ted to, br iefs, ordinances, resolutions, correspondence, and supporting documents. ▪ Conduct research on legal problems and prepare sound legal opinion.
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CITY OF ANTIOCH
ASSISTANT CITY ATTORNEY (CONTINUED)
▪ Present statements of fact, law, and argument clearly and logically. ▪ Exercise sound, independent judgment within ge neral policy guidelines and legal parameters.
▪ Represent the City effectively in hearings, courts of law, and meetings. ▪ Read, understand, interpret, apply, and explain codes, regulations, and other written materials.
▪ Effectively perform and administer all phases of City legal work. ▪ Analyze, appraise, an d apply legal principles and pr ecedents to difficult legal problems.
▪ Demonstrate effective leadership, set priorities and meet deadlines. ▪ Develop and implement goals, objectives, policies, procedures , work sta ndards and internal controls.
▪ Draw v alid conclu sions and project consequences of decisions and recommendations.
▪ Analyze situations and make quick decisions requiring sound judgement. ▪ Negotiate with other parties.
▪ Establish and maintain accurate records, prepare concise, comprehensive reports. ▪ Act with resourcefulness, courtesy and initiative.
▪ Operate office equipment including computers and supporting software applications. ▪ Communicate clearly and concisely, both orally and in writing. ▪ Establish a nd maintai n eff ective working relationships with employees, public officials, community organizations, the general public and those contacted in the course of work.
Education and Experience Guidelines
Education/Training:
Graduation from a law school accre dited by t he American Bar Association with a Juris Doctorate degree, and,
Experience:
Four Five years of progressively responsible experience performing legal work in the public or private sec tor. Experience in specialized legal matters such as those pertaining to public contracts, risk management, litigation and claims liability, criminal prosecution, human resources, employment law, complex transactions, police, fire, Brown Act, first amendment, pu blic records act, conflicts of interest, finance, real estate, public housing, information technology, records retention, state election laws, public utilities, redevelopment, and /or risk management i s highly desirabl e. Prior experience in the practice of municipal or othe r government law is desirable, but not required.
License or Certificate:
Current membership in the California State Bar.
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CITY OF ANTIOCH
ASSISTANT CITY ATTORNEY (CONTINUED)
PHYSICAL DEMANDS AND WORKING ENVIRONMENT
The conditions herein are representative of those that m ust be met by an employee to successfully perform the es sential functions of t his job. R easonable accommodations may be made to enable individuals with disabilities to perform the essential job functions.
Environment: Work is performed primarily in a standard office setting.
Physical: Primary functions require sufficient physical ab ility and mobility to work in an office setting; to stand or sit for prolonged perio ds of time; to occas ionally stoop, bend, kneel, crouch, reach, and twist; to lift, carry, push , and/or pull light to moderate amounts of weight; to op erate office equipment requiring repetitive hand movement and fine coordination including use of a compute r keyboard ; and to v erbally communicate to exchange information.
FLSA: Exempt
Created: September 2021, April 2022
This class specification identifie s the essential functi ons typically assigned to positions in this class. Other duties not described may be assigned to employees in order to meet changing business needs or staffing levels but will be reasonably related to an employee’s position and qualifications. Other duties outside of an individual’s skill level may also be assigned on a short term basis in order to provide job enrichment opportunities or to address emergency situations.
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